Appeal No. 2005-2593 9
Application No. 90/005,867
to a human patient, claim 1 requires more. As discussed 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.
As explained above, Fahy, at most, 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. Scow, Pierpaoli and Umbreit fail to cure the deficiencies of Fahy.
Specifically, neither Scow nor Pierpaoli discloses that one or more supplemental
hormones listed in claim 1 are determined to be below “pre-determined” levels and are
replenished to those levels. Umbreit, on the other hand, does suggest that estrogen is
measured and determined to be below a particular level. See EXAMPLE in Umbreit at
6.5 Specifically, the trial group discussed in Umbreit’s EXAMPLE consisted of thirty-
eight men having an estradiol blood level of less than 25 pg/ml. While estradiol and
other hormone levels were monitored throughout the trial, all of the subjects received
the same dosage (1 mg) of estradiol valerate per day for one to three years. Umbreit
indicates that when practicing estrogen therapy, “[t]he dose may depend on different
factors such as age or individual health status, including the level of the estrogen lever
5 Reference herein to Umbreit is to the English translation of record in the application.
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