Ex Parte Pugliese - Page 17



          Appeal No. 2005-0545                                                         
          Application No. 09/989,019                                                   

               these compositions may stimulate the activity of the                    
               cytochrome oxidases.  In other words, these compositions                
               may stimulate cellular respiration and oxidative metabolism.            
               Lotte teaches that “flavoids can be used alone or different             
          kinds of them can be mixed together” (Lotte, p. 9, first full                
          sentence).  Kuppusamy teaches that “[m]any drugs used in the                 
          treatment of various clinical disorders have been shown to exert a           
          synergistic increase in lipolysis . . .” (Kuppusamy, p. 1313,                
          col. 2, second para.).  Poor solubility and resultant low                    
          concentrations may limit the lipolytic activity of a single active           
          agent.  Thus, higher total concentrations of active agents may be            
          able to induce lipolysis not achievable using a single active agent.         
          Id.  Kuppusamy reports that the flavoids fisetin and quercetin,              
          “potent PDE inhibitors that exerted a competitive mode of                    
          inhibition, showed a wide range of effects on lipolysis” (Kuppusamy,         
          p. 1314, col. 1, first full para.).                                          
               Majeed teaches that it was “well known in the literature that           
          forskohlin is related to lipolysis in isolated fat cells . . .               
          (Majeed, col. 2, l. 19-20; emphasis added).  Forskohlin is reported          
          to be useful for the promotion of lean body mass (Majeed, col. 2,            
          l. 34-35) and may be use in combination with other nutritional               
          supplements (Majeed, col. 2, l. 61-63).  Sekiya proposes the use of          
          isoflavones such as daidzein and genistein to promote lipolysis              
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