Appeal No. 2004-0974 Page 3
Application No. 10/117,169
Claim 5 stands rejected under 35 U.S.C. § 102(b) as anticipated by Craft.
Claim 11 stands rejected under 35 U.S.C. § 102(b) as anticipated by Riley.
Claims 1-11 and 15 stand rejected under 35 U.S.C. § 103 as obvious in
view of Newmark, Balch, Dawson, Zheng, Liu, Scott, Costa, Weil, and Ashmead.
Claims 1-11 and 15 also stand rejected under 35 U.S.C. § 103 as obvious
in view of Balch, Dawson, Zheng, Liu, Togasaki, Scott, Costa, Weil, and
Ashmead.
We affirm the rejection of claim 5 for anticipation, and reverse the
rejections for obviousness as applied to claims 5-9. We vacate the rejection of
claim 11 for anticipation, as well as the obviousness rejections as applied to
claims 1-4, 10, 11, and 15. We enter a new ground of rejection as to these
claims.
Background
The specification discloses “combinations of beneficial bioeffecting
compounds for promoting fertility in men. Sperm are highly susceptible to free
radical or oxidative damage from environmental toxicants and natural aging.
Vitamins C and E, green tea, and selenium are all potent antioxidants that help
improve sperm counts and quality. Ferulic acid, an antioxidant found in Dong
quai, also improves sperm quality. Zinc and B vitamins (B6, B12 and folate) are
critical nutrients in male reproductive systems for hormone metabolism, sperm
formation and motility. The amino acid, L-carnitine, promotes formation of
healthy sperm. L-carnitine fumarate is preferred.” Page 2.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007