Appeal No. 2005-2593 5
Application No. 90/005,867
The examiner sets forth the rejection based on Fahy as follows (Answer at 5):
Fahy teaches measurement of hormones (page 8, lines 1-5),
determination of normal levels, (page 5, lines 25-30); followed by
concomitant administration of growth hormone (GH) and
dehydroepiandrosterone (DHEA). These compounds were administered
to reduce those effects associated with aging. Additionally,
these compounds were administer[ed] to provide “a radical increase in
longevity” (page 1, lines 20-30).
The appellant argues that Fahy does not disclose (i) measuring human growth
hormone and the supplemental hormones listed in claim 1 to determine that the
hormones are below pre-determined physiological levels for an adult human or (ii)
replenishing the level of the hormones to pre-determined physiological levels. Brief at
8.
Contrary to the examiner’s arguments, claim 1 does not merely require the
measurement and concomitant administration of human growth hormone and a
supplemental hormone such as DHEA. Rather, as explained above, the method of
claim 1 requires (1) measuring hormone levels in a sample of a human’s blood, (2)
determining that the levels of human growth hormone and at least two of the listed
supplemental hormones are below “pre-determined” levels, and
(3) replenishing the levels of those hormones to the “pre-determined” levels. Although
the predetermined levels are not limited to particular amounts, the term “pre-
determined” requires that the levels be decided in advance of at least the determining
step, i.e., step (2).
In “Experiment 1,” Fahy establishes “basal values for glucose, insulin,
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007