Appeal No. 2003-1804
Application No. 09/896,209
Applicant’s specification describes sleep deprivation as
follows (applicant’s specification, page 1, lines 17-25):
Sleep deprivation is the condition of being deprived of
this needed sleep, resulting in adverse effects on an
individual, such as for example, decreased attentiveness,
decreased ability to concentrate, decreased reaction time,
decreased alertness, and decreased productivity and
efficiency. Sleep deprivation can be caused by, for
example, sleep disorders, such as insomnia or obstructive
sleep apnea, medical illnesses, shifting work schedules,
depression, or flying across time zones.
Accordingly, we find that persons with sleep deprivation or jet
lag show similar symptoms which both include decreased
attentiveness, decreased ability to concentrate, and decreased
reaction time. Moreover, we note that appellant states all
claims stand or fall together. (Appeal Brief, page 5, Grouping
of claims).
The examiner relies on the combined teachings of Birkmayer
I, Birkmayer II, Langsjoen, and Bioactive Nutrients as evidence
that the claimed inventions would have been obvious to one of
ordinary skill in the art at the time the inventions were made.
Birkmayer I describes a “method for treating Chronic Fatigue
Syndrome(CFS) or alleviating symptoms thereof wherein the reduced
form of nicotinamide adenine dinucleotide(NADH) or the reduced
form of nicotinamide adenine dinucleotide phosphate(NADPH) or
physiologically compatible salts or derivatives of NADH and/or
-4–
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