Ex Parte Birkmayer - Page 7




          Appeal No. 2003-1804                                                        
          Application No. 09/896,209                                                  
               to get through the long hours that I keep to get                       
               through my training.... From the first day that I took                 
               ENADA, I noticed a difference immediately.  I all of the               
               sudden had mental clarity with a sharp state of mind, was              
               able to think clearly, and felt more energetic....My muscles           
               seem to have an endless supply of energy to keep going                 
               (I would get very fatigued very quickly before).                       

          Birkmayer II teaches that NADH helps a person wake up, think                
          clearly, and have more energy.  Decreased attentiveness,                    
          decreased ability to concentrate, and decreased reaction time are           
          common symptoms of sleep deprivation and jet lag.  One of                   
          ordinary skill in the art at the time the invention was made                
          would have understood from Birkmayer II that administering NADH             
          likely would have been useful for alleviating symptoms of jet               
          lag, alleviating symptoms of sleep deprivation, and enhancing               
          attentiveness or reaction time.                                             
               Langsjoen and Bioactive Nutrients teach the use of coenzyme            
          Q10, L-Cartinine or L-glutathion to treat symptoms associated               
          with sleep deprivation, treat symptoms associated with jet lag,             
          or improve attentiveness or reaction time.  Langsjoen teaches               
          that Q10 is used to alleviate symptoms of AIDS, such as fatigue             
          and malaise. (Langsjoen, column 3, lines 1-3).  Bioactive                   
          Nutrients teaches that a deficiency of Cartinine can cause                  
          fatigue, muscle weakness, and brain degeneration.  (Bioactive               
          Nutrients).                                                                 

                                         -7–                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007