Appeal No. 2005-2593 11
Application No. 90/005,867
10. A hormone replenishment method comprising:
measuring hormone levels in a sample of an otherwise healthy
human subject’s blood to determine that the level of human growth
hormone and at least two of the supplemental hormones selected from the
group consisting of sex hormone, melatonin hormone, adrenal hormone,
thyroid hormone, and thymus hormone are below pre-determined
physiological levels for an otherwise healthy adult human; and
administering amounts of said deficient hormones to replenish said
level of said deficient hormones to pre-determined physiological levels.
Similar to claim 1, we interpret claim 10 as requiring (1) measuring hormone
levels in a sample of an otherwise healthy 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.7
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 10 are replenished to
predetermined levels. See section “A.,” supra. Therefore, we reverse the rejection of
claim 10 under 35 U.S.C. § 102(b) as being anticipated by Fahy. See Verdegaal Bros.,
814 F.2d at 631, 2 USPQ2d at 1053 ("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
7 As in claim 1, we interpret claim 10 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).
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