Appeal No. 2004-0974 Page 9
Application No. 10/117,169
composition for improving male fertility. However, we do not agree with the
examiner that the references would have suggested adding to such a
composition the additional components required by claim 5 – vitamin E, zinc, and
at least two B vitamins.
The examiner relies on Balch and Ashmead as suggesting these
components. The examiner notes that “Balch teaches using vitamin E, zinc, and
vitamin B6 to treat impotence.” Impotence, however, is not the same as male
infertility. The problem addressed by Zheng, Scott, and Dawson is sperm
viability and/or motility, while the problem addressed by Balch is inability to
engage in sexual intercourse. See page 338. The examiner has not adequately
explained why those skilled in the art would have expected that the nutritional
supplements discussed by Balch would have any effect on sperm viability or
motility; nor has the examiner explained why, in the absence of such an
expectation, those skilled in the art would have been motivated to add those
supplements to the composition suggested by Zheng, Scott, and Dawson.
The examiner characterizes Ashmead as “teach[ing] using vitamin B12 to
improve male sexual health.” We do not agree with this characterization of
Ashmead’s disclosure. Ashmead teaches that a composition comprising
manganese, iron, and zinc, in the form of amino acid chelates, stimulates
gonadotropin hormone production. Abstract. “In the male both libido and
spermatogenesis are improved by the oral administration of the composition.” Id.
While Ashmead discloses that such compositions can also contain vitamins, it
does not suggest that the vitamins themselves have any beneficial effect on
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007