Ex Parte Birkmayer - Page 2




          Appeal No. 2003-1804                                                        
          Application No. 09/896,209                                                  
                                    Introduction                                      
               Claims 1-33 stand finally rejected under 35 U.S.C. § 103(a)            
          as being unpatentable in view of the combined teachings of                  
          Birkmayer (Birkmayer I), U.S. Patent No. 5,712,259, issued on               
          January 27, 1998; Prof. Georg Birkmayer, M.D., Ph.D, NADH The               
          Energizing Coenzyme, Good Health Guide (Keats Publishing, Inc.,             
          New Canaan, Connecticut 1998)(Birkmayer II); Langsjoen et al.               
          (Langsjoen), U.S. Patent No. 5,011,858, issued on April 30, 1991;           
          and the website, BioActive Nutrients, ”C2 Chromium Picolinate and           
          L-Carnitine,” http://www.bioactivenutrients.com/c2.html, 1999               
          (Bioactive Nutrients).  Independent Claims 1, 12, and 23 read as            
          follows:                                                                    
                    1. A method for alleviating the effects of sleep                  
               deprivation in a human being, comprising administering to              
               a human being exhibiting the effects of sleep deprivation an           
               amount of NADH or NADPH or a physiologically compatible salt           
               of NADH or NADPH which is effective to reduce or eliminate             
               said effects of sleep deprivation.                                     

                    12. A method for alleviating the effects of jet lag in            
               a human being, comprising administering to a human being               
               exhibiting the effects of jet lag an amount of NADH or NADPH           
               or a physiologically compatible salt of NADH or NADPH which            
               is effective to reduce or eliminate said effects of jet                
               lag.                                                                   
                    23. A method for enhancing attentiveness or reaction              
               time in a human being, comprising administering to a human             
               being an amount of NADH or NADPH or a physiologically                  
               compatible salt of NADH or NADPH which is effective to                 
               improve attentiveness or reaction time.                                

                                         -2–                                          





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