Appeal No. 2005-2593 7 Application No. 90/005,867 DHEA should be given “to effect.” “To effect” is defined as sufficient to lower that particular patient’s insulin levels down to either basal levels or, if basal levels are elevated in comparison to an accepted standard for good health and long life, to levels deemed to maximize longevity and health. See also claim 2 of Fahy (“said second component [DHEA] is administered at doses sufficient to maintain serum insulin levels at about the levels found in normal, healthy patients”). At most, Fahy suggests that one supplemental hormone (DHEA) is determined to be below a predetermined level. Furthermore, Fahy does not disclose that any of the supplemental hormones listed in claim 1 are replenished to predetermined levels. Therefore, the rejection of claim 1 under 35 U.S.C. § 102(b) as being anticipated by Fahy is reversed. See Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.) ("A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.”), cert. denied, 484 U.S. 827 (1987). Claims 2, 7 and 8 are dependent on claim 1. Therefore, the rejection of claims 2, 7 and 8 under 35 U.S.C. § 102(b) as being anticipated by Fahy is also reversed. See 37 CFR § 1.75(c) (2002) (“Claims in dependent form shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim.”). B. Rejection of claims 1, 2 and 4-8 under 35 U.S.C. § 103 Claims 1, 2 and 4-8 are rejected under 35 U.S.C. § 103 as being unpatentable over the combined teachings of Fahy, Scow, Umbreit and Pierpaoli. The examiner relies on the teachings of Scow, Umbreit and Pierpaoli toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007