Appeal No. 2004-1823 Page 6
Application No. 09/148,012
administering a compound altering lipoprotein, LDL, HDL or cholesterol levels in
the mammal.
Thus, in the blink of an eye, claim 1 became a new claim directed to a method for
altering fertility or treating a reproductive disorder in a mammal which broadly comprises
administering a compound altering lipoprotein, LDL, HDL or cholesterol levels in the
mammal that does not require affecting SR-BI function, instead of directed to methods
for modifying steroid production by altering expression of or binding to cholesterol or
cholesteryl ester of SR-BI.
Claim 1 was subsequently amended three more times on August 13, 2002,
November 20, 2002, and May 6, 2003, as follows:
A method for altering fertility or treating a reproductive disorder in a female
mammal in need of treatment thereof comprising
administering a compound altering lipoprotein, LDL, HDL or cholesterol levels in
the mammal in an amount effective to alter fertility or treat a reproductive disorder in the
mammal. [August 13, 2002]
A method for altering fertility or treating a reproductive disorder in a female
mammal in need of treatment thereof comprising
administering a compound altering lipoprotein, LDL, HDL or cholesterol levels in
the mammal in an amount effective to alter fertility or treat a reproductive disorder in the
mammal. [November 20, 2002]
A method for altering fertility or treating a reproductive disorder in a female
mammal in need of treatment thereof comprising
administering a compound altering lipoprotein, LDL, HDL or cholesterol levels in
the mammal in an amount effective to alter enhance or restore fertility or treat a
reproductive disorder in the mammal.
[May 6, 2003]
The claimed invention has morphed over the years from a method of modifying
steroid production in a mammal by administering a compound affecting SR-BI transfer
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