Appeal No. 2002-0534 Page 2
Application No. 08/551,326
25. The method of claim 25 wherein the amount of said
phosphatidylserine is less than 400 mg.
26. The method of claim 26 wherein the effectiveness of said
phosphatidylserine is enhanced by the step of ingesting a
physiologically beneficial amount of protein.
The examiner relies on the following references:
Hager, Jörg et al. (Hager) 4,874,553 Oct. 17, 1989
Alekseyeva et al. (Alekseyeva), ”Comparative Characteristics of the Lipis
Composition of Lipocerebrin,” Farmatsiya (Mosc), Vol. 28, No. 4, pp. 51-53
(1979)
Monteleone et al. (Monteleone), ”Effects of Phosphatidylserine on the
Neuroendocrine Response to Physical Stress in Humans,” Neuroendocrinology,
Vol. 52, pp. 243-248 (1990)
Fahey et al. (Fahey), Anabolic Steroids and Winning Without Them, Chp. 1,
pp. 8-22, 27, 57-60, 75-83, and 124-131 (1991)
Solgar Gold Label (Solgar), Solgar Product Alert., Vol. 26, No. 1, (1995)
Corti-PS 20F, (Corti-PS), Product Information Sheet, manufactured by Lucas
Meyer, Inc. (1995)
Claims 15 and 24-37 stand rejected under 35 U.S.C. § 103 as obvious in
view of Fahey, Monteleone, Alekseyeva, Hager, Solgar, and Corti-PS.
We reverse.
Background
The specification discloses that weight loss regimens involving limited
food intake combined with exercise cause bodily stress. See page 1. In
addition, in regimens designed to build strength and muscle mass, “the body may
encounter extreme physical stress from systematic physical training trauma and
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