Appeal No. 2005-2593 2
Application No. 90/005,867
The examiner relies on the following references:
Fahy WO 95/32991 Dec. 7, 1995
Umbreit DE 43 26 948 Nov. 17,
1994
Robert O. Scow & Susie N. Hagan, Effect of Testosterone Propionate and Growth
Hormone on Growth and Chemical Composition of Muscle and Other Tissues in
Hypophysectomized Male Rats, 77 Endocrinology 852-57 (1965) (hereinafter “Scow”).
Walter Pierpaoli & William Regelson, The Melatonin Miracle, Nature’s Age-Reversing
Disease Fighting Sex-Enhancing Hormone 259-75 (Pocket Books 1995) (hereinafter
“Pierpaoli”).
The following rejections are at issue in this appeal:
(1) Claims 1, 2, 7, 8, 10 and 11 are rejected under 35 U.S.C. § 102(b) as
being anticipated by Fahy.
(2) Claims 1, 2, 4-8, 10, 11, 13-17 and 25-36 are rejected under 35 U.S.C. §
103 as being unpatentable over the combined teachings of Fahy, Scow, Umbreit and
Pierpaoli.
Discussion
A. Rejection of claims 1, 2, 7 and 8 under 35 U.S.C. § 102(b)
Claims 1, 2, 7 and 8 are rejected under 35 U.S.C. § 102(b) as being anticipated
by Fahy. Claim 1 is directed to a hormone replenishment method and reads as follows:
1. A hormone replenishment method comprising:
measuring hormone levels in a sample of an otherwise healthy
human subject’s blood to determine that the level of human growth
hormone and the supplemental hormones selected from the group
consisting of sex hormone, melatonin hormone, adrenal hormone, thyroid
hormone, and thymus hormone are below pre-determined physiological
levels for an adult human; and
replenishing said level of said deficient hormones to pre-determined
physiological levels.
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