Appeal No. 2007-4245
Application 09/489,310
Dental erosion is caused when the beverage composition is acidic in
nature, i.e., exhibits a pH of about 5 or below. Appellant’s Specification
19:35-20:1.
Since many consumers ingest acidic beverage compositions weekly,
daily, or even more frequently, a beverage composition that protects against
dental erosion would be advantageous. Appellant’s Specification at 1:19-21.
2. Appellant’s invention
“Dental erosion” is defined as loss, softening, and/or demineralization
of mammalian tooth substance. Preferably, such loss of tooth substance
occurs by direct action of acid on the tooth surface. Such acid may be
present in the oral cavity through administration of acidic foods and
beverages, i.e., having a pH of less than about 5. Appellant’s Specification
4:10-17.
The term “treating” is defined as inhibiting (either partially or
completely), reversing, and/or protecting against dental erosion with respect
to the user of the present beverage composition. Appellant’s Specification
4:22-24.
The term “orally administering” means that a mammal ingests or is
directed to ingest one or more beverage compositions of the present
invention. Appellant’s Specification 5:9-12.
The beverage compositions may comprise one or more flavor agents
selected from, for example, fruit juice. Appellant’s Specification 11:18-19.
Most preferred juices include juices derived from apples. Appellant’s
Specification 11:35-12:2.
3. Kohl
Kohl discloses that certain polyphosphates retard and eliminate
spoilage in a wide variety of perishable food materials. Kohl 1:29-38.
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