Appeal No. 2005-2593 4
Application No. 90/005,867
in the specification. The American Heritage Dictionary of the English Language 1031
(William Morris ed., New College ed. 1976) (copy attached), defines the term “predetermine” as
“1. To determine, decide, or establish in advance . . . .” This definition appears to be consistent
with the appellant’s use of the term throughout the specification. Therefore, we further interpret
claim 1 as requiring that the “pre-determined physiological levels” of the hormones be
determined in advance of at least the determining step, i.e., step (2). See Vitronics Corp. v.
Conceptronic, Inc., 90 F.3d 1576, 1584 n.6, 39 USPQ2d 1573, 1578 n.3 (Fed. Cir. 1996) (judges
may rely on a dictionary definition when construing a claim term, so long as the dictionary
definition does not contradict any definition found or ascertained by a reading of the patent
documents, including the specification).
We now turn to the examiner’s rejection of claim 1 and the teachings of Fahy.
Fahy teaches administering to a patient an amount of human growth hormone in
combination with an amount of DHEA (adrenal hormone). Fahy recognizes that human
growth hormone is a powerful approach to the treatment of aging. However, its
widespread use is inhibited by its serious side effects, the most important of which is
elevation of fasting and glucose-stimulated insulin levels. See Fahy at 1, lines 15-19.
Fahy discloses that a patient’s level of human growth hormone can be increased
without causing a corresponding increase in serum insulin levels by administering
human growth hormone in combination with DHEA. See Fahy at 4, lines 4-10. Thus,
one of ordinary skill in the art would have recognized that the invention disclosed in
Fahy would be useful in the treatment of aging.
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