Ex Parte Fleischner - Page 2

                  Appeal 2007-1615                                                                                         
                  Application 10/693,442                                                                                   

                                                     DISCUSSION                                                            
                         “The Hoodia gordonii cactus has been used safely and effectively for                              
                  decades to temporarily stave off hunger and thirst” (Spec. 2).  According to                             
                  Appellant, “temporary or opportunistic use appears . . . to cause a long-term                            
                  increase in body mass” (id. at 3) because “one-time administration creates a                             
                  transient appetite suppression phase . . . followed by an appetite stimulation                           
                  phase of indeterminate duration” (id. at 5).                                                             
                         Nevertheless, Appellant teaches that Hoodia gordonii “can be used to                              
                  safely and effectively control obesity . . . [by regulating] the timing of the                           
                  hoodia administration” (id. at 4).  In particular, Appellant “propose[s] repeat                          
                  administration, before the onset of the appetite stimulation phase.  In other                            
                  words, [ ] administration [that] occurs at least as frequently as the length of                          
                  the appetite suppression phase” (id. at 5), “over an extended period of time                             
                  . . . enabl[ing] the user’s body to adjust to a lower basal body weight” (id. at                         
                  6).                                                                                                      
                         Claims 1, 2, 7, 35, and 36, the only claims at issue in this appeal,2 are                         
                  as follows:                                                                                              
                         1. A method of body weight reduction, comprising administering                                    
                                to a human in need thereof a body weight reducing amount of                                
                                hoodia gordonii at least once every about 48 hours, for at least                           
                                about 45 days.                                                                             
                         2.  The method of claim 1, said hoodia gordonii administered at                                   
                                least three times every 24 hours.                                                          

                                                                                                                          
                  2  Claims 3-6, 17-26, 28-34, and 37-40, are also pending, but have been                                  
                  indicated allowable (Answer 3).  Claims 8-16 and 27 have been canceled                                   
                  (Br. 1).                                                                                                 
                                                            2                                                              

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