Appeal No. 2005-2593 15
Application No. 90/005,867
possible adverse side effects associated with estrogen administration.9
Second, in his Declaration, George M. Fahy states (Declaration of George M.
Fahy dated March 19, 2002, at 3):
10. The ‘991 Application [Fahy] does not give any indication of
the possible effect of administering HGH plus two “unrelated” hormones,
though
it points out, in the “Background of the Invention” section, interest in
multiple hormones among proponents of anti-aging medicine.
11. To my knowledge, there can be side effects or health risks
associated with hormone supplementation such as increased serum levels
of insulin with HGH supplementation that increases the risk of heart
disease, and possibly an increased risk of prostate cancer in men with
testosterone supplementation[.]
Significantly, Dr. Fahy does not discuss any significant health risks or possible adverse
side effects associated with administering estrogen in combination with human growth
hormone and DHEA.
For the reasons set forth above, the rejection of claim 25 under 35 U.S.C. § 103
is affirmed.
F. Rejection of claims 26 and 27 under 35 U.S.C. § 103
Claims 26 and 27 are rejected under 35 U.S.C. § 103 as being unpatentable over
9 Fahy does not identify the male contraceptive referred to in the disclosure. Nevertheless, the appellant
has failed to establish that estrogen is used as a male contraceptive.
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