Appeal No. 2005-2593 3
Application No. 90/005,867
Before we address the examiner’s position and the appellant’s arguments, it is
necessary to interpret claim 1. The method of claim 1 requires (1) measuring hormone
levels in a sample of an otherwise healthy human’s blood, (2) determining that the
levels of human growth hormone
and certain supplemental hormones are below “pre-determined” levels for an adult
human, and (3) replenishing the levels of those hormones to the “pre-determined”
levels. We note that a “pre-determined” level may be a range of values. See claim 9.
Also, claim 1 does not require that the “pre-determined” levels represent optimal values.
The claim includes a Markush group, i.e., “the supplemental hormones selected
from the group consisting of sex hormone, melatonin hormone, adrenal hormone,
thyroid hormone, and thymus hormone.” The claim does not expressly indicate the
number of supplemental hormones selected from the group. Nevertheless,
“supplemental hormones” is plural and reasonably connotes at least two supplemental
hormones. Therefore, we interpret claim 1 as requiring that the level of human growth
hormone as well as the levels of at least two supplemental hormones selected from the
group consisting of sex hormone, melatonin hormone, adrenal hormone, thyroid
hormone, and thymus hormone be determined to be below “pre-determined” levels.
This interpretation is consistent with the appellant’s specification. See, e.g.,
specification at col. 10, lines 5-8.
Furthermore, the appellant does not expressly define the term “pre-determined”
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007