Appeal No. 2003-1804
Application No. 09/896,209
NADPH are administered to a person suffering from the syndrome or
its symptoms.” (Birkmayer I, abstract).
Although Birkmayer I is directed to a method of treating
Chronic Fatigue Syndrome (CFS), persons with CFS show similar
symptoms to persons with jet lag or sleep deprivation.
Birkmayer I teaches that “in patients suffering from Chronic
Fatigue Syndrome, a clear alleviation of their symptoms,
including but not limited to fatigue, headaches, depression and
muscle pain and weakness, is achieved.” (Birkmayer I, column 2,
lines 43-48). Additionally, in Example II of Birkmayer I, a
patient “showed symptoms of fatigue for at least 6 months, sore
throat, painful lymph nodes, muscle weakness, muscle pains,
headache, short term memory problems, forgetfulness and inability
to concentrate.” (Birkmayer I, column 7, lines 38-41). After
being treated with NADH, the “patient’s symptoms were
alleviated.” (Birkmayer I, column 7, lines 46-48). “The patient
reported an improvement in the energy level as reflected by
increased exercise programs and shorter lasting fatigue after
exercise.” (Birkmayer I, column 7, lines 48-50). Thus, symptoms
of Chronic Fatigue Syndrome are also common to jet lag and sleep
deprivation. Accordingly, it would have been obvious to a person
having ordinary skill in the art at the time the invention was
made that a prior art method for treating symptoms of Chronic
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