Appeal No. 2005-2593 17
Application No. 90/005,867
Claim 28 is rejected under 35 U.S.C. § 103 as being unpatentable over the
combined teachings of Fahy, Scow, Umbreit and Pierpaoli. Claim 28 reads as follows:
28. The kit of claim 25, wherein said sex hormone comprises at
least one of testosterone, progesterone, and estrogen.
As discussed above, Umbreit discloses administering estrogen to a patient. The
appellant has failed to establish otherwise. Therefore, the rejection of claim 28 under
35 U.S.C. § 103 is affirmed.
H. Rejection of claim 29 under 35 U.S.C. § 103
Claim 29 is rejected under 35 U.S.C. § 103 as being unpatentable over the
combined teachings of Fahy, Scow, Umbreit and Pierpaoli. Claim 29 reads as follows:
29. The kit of claim 25, wherein said adrenal hormone comprises
dehydroepiandrosterone and pregnenolone.
The appellant argues that the references in combination fail to teach or suggest
the kit of claim 25 wherein the adrenal hormone includes both DHEA and pregnenolone.
Brief at 23; Reply Brief at 25. We agree. Fahy discloses administering DHEA to a
patient but does not disclose administering pregnenolone. The teachings of Scow,
Umbreit and Pierpaoli fail to cure this deficiency in Fahy. Therefore, the rejection of
claim 29 under 35 U.S.C. § 103 is reversed.
I. Rejection of claim 30 under 35 U.S.C. § 103
Claim 30 is rejected under 35 U.S.C. § 103 as being unpatentable over the
combined teachings of Fahy, Scow, Umbreit and Pierpaoli. Claim 30 reads as follows:
30. A kit for increasing life expectancy and life span comprising
human growth hormone and at least two of the supplemental hormones
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007