Appeal No. 2005-2593 14
Application No. 90/005,867
Significantly, the combination of any amount of human growth hormone and at least two
of the listed supplemental hormones satisfies this claim limitation, including the amount
of human growth hormone and DHEA disclosed in Fahy and the amount of estrogen
disclosed in Umbreit.8
The appellant further argues that Fahy and the Fahy Declaration note the
functional relationship between hormones and the significant health risks or possible
adverse side effects associated with hormone administration. Therefore, the appellant
concludes that the cited references in combination do not teach or suggest that more
than one supplemental hormone could be combined in a kit to be administered with
human growth hormone. Brief at 22.
The appellant’s argument is not persuasive. First, the appellant does not point to
a specific teaching in Fahy to support its argument. Nevertheless, a review of the Fahy
reference by this panel reveals that Fahy indicates that administering a male
contraceptive to humans would not be desirable for a variety of reasons, including major
testicular shrinkage, and administering thyroid hormone is considered hazardous. See
Fahy at 3, lines 17-26. However, Fahy does not discuss significant health risks or
8 The amount of human growth hormone and the amount of at least two of the listed supplemental
hormones “sufficient in establishing a regimen” is dependent on a number of factors including the hormone
levels in the particular patient, the hormone replenishment levels, and the length of the regimen.
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