Appeal 2007-2834
Application 09/943,048
5 grams of cod liver oil or linseed oil, 500 mg vitamin E, 500 mg vitamin C,
and 40 mg of aspirin (id. at 8).2 Thus, while Langhoff shows that the
amount of aspirin recited in the composition of claim 18 would have been
useful in a composition for treating an inflammatory disorder like arthritis,
one of ordinary skill would have understood it to teach that the composition
should also contain significant amounts of several other ingredients.
Shapiro discloses that chronic inflammatory disorders, including
arthritis, can be treated by administering amine derivatives of benzoic acid,
such as para-amino benzoic acid, “in combination with co-agents [including]
clinically effective anti-oxidants” (see Shapiro, col. 7, l. 39 through col. 10,
l. 26). Shapiro lists “daidzin . . . , genistein . . . , [and] quercetin” among
antioxidants suitable for combination with the benzoic acid derivatives (id.
at col. 20, ll. 47-54).
Shapiro states that the dosage of the benzoic acid derivative can
“range from about 15 mg/kg/day to about 450 mg/kg/day” (id. at col. 10, ll.
54-55), and discloses an example in which an arthritis patient obtained
therapeutic relief from daily administration of 2.2 grams per day of para-
amino benzoic acid in combination with 800 I.U. of dl-α-tocopheryl acetate
(an antioxidant) and 1 gram of L-methionine (id. at col. 25, l. 41 through col.
26, l. 46). Shapiro therefore teaches that the flavonoids or isoflavones
recited in claim 18 should be combined with significant amounts of at least
one other ingredient to achieve the desired anti-inflammatory effect.
2 The amounts listed are based on Langhoff’s statement that composition
“D” contained 50 percent of composition “A” and 50 percent of “B.”
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