Appeal No. 2005-2593 13
Application No. 90/005,867
in establishing a regimen for the replenishment of said human growth
hormone and at least two of said supplemental hormones to
predetermined physiological levels.
Claim 25 is directed to a kit comprising an amount of human growth hormone
and an amount of least two supplemental hormones such as adrenal hormone and sex
hormone. As explained above, Fahy suggests that human growth hormone and DHEA
can be administered to a patient for the treatment of aging, and Umbreit discloses that
estrogen can be administered to a patient to slow down the aging process. Umbreit
also discloses that estrogen may be administered in combination with other active
substances and medications such as additional hormone compositions. See Umbreit at
4, lines 19-21. The examiner explains that it is generally considered prima facie obvious
to combine several compounds which are useful for the same purpose and use them for
that purpose. Therefore, the examiner concludes that it would have been prima facie
obvious to combine human growth hormone, DHEA and estrogen in a kit for the
treatment of aging. See Answer at 28-29.
The appellant argues that there is no indication in the cited references that the
supplemental hormones, e.g., adrenal hormone and sex hormone, are to be
administered to establish a predetermined physiological level of each of these
hormones in the blood of, for example, a human. See Brief at 22.
However, claim 25 does not impose such a requirement. Claim 25 merely recites
a hormone replenishment kit wherein human growth hormone and at least two of the
listed supplemental hormones are “present in an amount sufficient in establishing a
regimen” to replenish those hormones to predetermined physiological levels.
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