Appeal No. 2002-0534 Page 3
Application No. 08/551,326
a substantially increased food intake.” Id., pages 1-2. In both cases, the body
responds to the stress by increasing production of cortisol. See page 3.
“Elevated cortisol is an indiscriminate metabolic/catabolic agent that
breaks down the body’s protein, including muscle tissue, into amino acids which
are converted into glucose in the liver. Elevated cortisol is therefore
counterproductive in both described situations of diet and exercise where high
cost protein is metabolized into cheap sugar fuels. In dieting, desirable muscle is
broken down along with stored fat, and in strenuous exercise, hard earned
muscle is cannibalized leaving the body weak and exhausted.” Id. “In the past,
athletes and bodybuilders have relied on synthetic anabolic steroids for
suppressing cortisol effects. . . . Anabolic steroids have well documented,
dangerous side effects and are generally banned for athletes performing in most
sanctioned athletic events.” Id., pages 6-7.
Recent studies “have indicated that brain cortex-derived
phosphatidylserine (BDPS) administered above threshold amounts suppressed
elevation of cortisol levels during and after exercise.” Id., page 7. “The soy-
derived phosphatidylserine (SDPS) has clinically the same properties as the
prohibitively expensive, brain-cortex derived phosphatidylserine (BDPS) in its
anti-catabolic effect.” Id. More specifically, “SDPS suppresses the elevation of
cortisol resulting from stress. Where stress is self-induced as in physical training
and dieting, ingestion of SDPS inhibits the detrimental process of protein
catabolism, allowing retention of acquired muscle mass and synthesis of
ingested protein.” Id., pages 7-8.
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