Appeal No. 2005-2593 6
Application No. 90/005,867
somatomedin C (a marker for growth hormone), DHEA-sulfate[3], serum lipids, and
testosterone” in a human patient before administration of arginine (a human growth
hormone releaser) and DHEA. See Fahy at 8, lines 1-3. Thus, Fahy measures
hormone levels in a human subject’s blood, including the recited “human growth
hormone” (via somatomedin C), “adrenal hormone” (DHEA), and “sex hormone”
(testosterone). Furthermore, Fahy compares the circulating level of somatomedin C to
a predetermined level (a target range of 700-3000 units/L, particularly 1000-1600
units/L) and replenishes any measured deficiency. See Fahy at 5, lines 15-17.
As for testosterone, Fahy does not disclose that the measured level is
determined to be below a predetermined level or administered to any level, including a
predetermined level. As for DHEA, Fahy discloses that the amount of DHEA
administered to a patient is based on two considerations, the circulating DHEA level and
the circulating insulin level, neither of which satisfies claim 1. According to the first
consideration, the amount of DHEA is not to exceed a predetermined level which is
100% greater than the level found in individuals 20-25 years of age. Id. at 5, lines 20-
25. Significantly, this predetermined level is not a replenishment or target level. Rather,
it is an upper limit on the amount of DHEA to be administered according to the second
consideration, i.e., circulating insulin levels, which likewise does not require
replenishment to a predetermined level. Id. at 5, lines 25-26. As explained in Fahy (p.
6, lines 17-20):
3 Fahy discloses that DHEA-sulfate is an example of a DHEA precursor. Fahy at 6, line 30.
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