Appeal No. 2003-1804
Application No. 09/896,209
Fatigue Syndrome likely would have been effective for treating
symptoms of jet lag and/or sleep deprivation.
Moreover, Birkmayer II also suggests applicant’s claimed
inventions. Birkmayer II teaches that NADH (ENADA) can be
administered to improve the energy level and well-being of heathy
individuals and individuals with health problems. (Birkmayer II,
page 23, fourth paragraph). Birkmayer II states (Birkmayer II,
page 23, fourth paragraph):
ENADA is a natural approach to energy, drive and
health. ENADA (NADH) energizes both body and brain
activity, improves alertness, concentration, emotion, drive,
hormone secretion and overall mood enhancement. It helps
improve brain cell performance and helps keep cells alive
for a longer period of time. The more ENADA (NADH) a cell
has available, the more energy it can produce to perform its
process efficiently. ENADA (NADH) is available to everyone
whose lifestyle demands increased energy, vitality and
mental activity.
Birkmayer II discloses that effects observed after administering
NADH “included increased oxygen capacity, decreased reaction
time and greater mental acuity and alertness.” (Birkmayer II,
page 25, first paragraph).
Additionally, Birkmayer II teaches that NADH is useful for
treating persons suffering from fatigue. Birkmayer II reports
recipients stating (Birkmayer II, page 41):
On many mornings, I found it difficult to get up; my
body felt heavy and couldn’t wake up. It was difficult
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