Appeal No. 2006-0148 Page 11
Application No. 09/933,309
the thymic epithelial cells, which produce several well-characterized peptides. . . . One
such peptide is thymulin.” Page 580, last paragraph. Goff reports the results on thymus
morphology and function of administering bovine growth hormone (bGH) to middle-age
and old-age dogs. Goff states that “a change (or lack of change) in thymic morphology
does not prove increased or decreased thymic function; immunological or endocrine
function must also be assessed. The present results indicate that bGH treatment did
stimulate the endocrine function of the thymus as measured by its thymulin production.”
Page 585, third full paragraph. See also page 586, second full paragraph: “We have
demonstrated that GH treatment not only improves thymic morphology in middle-aged
dogs, but also thymic function as evidence by increases in thymulin levels even in the
oldest dogs studied. The results suggest that exogenous GH may be useful for
restoration of some immune functions in aged individuals.”
In our view, the evidence provided by Goff supports, rather than contradicts, the
Fahy declaration. The Fahy declaration states that MRI images of the thymus showed a
combination of white and gray mass, and that the white mass was “indicative of adipose
tissue substitution for lymphoid tissue,” while the gray mass “represent[ed] lymphoid or
functioning thymic mass.” Page 2. The declaration presents a comparison of total
thymus area and total gray area before and after growth hormone treatment. Table 1.
Relying on certain assumptions, the declaration concludes that “[t]he percent increase
in total thymic lymphoid (functional) mass induced by the Fahy art was 92%.” Page 4,
first full paragraph.6
6 The examiner noted but did not take issue with the declaration’s conclusion. See the Examiner’s
Answer, page 23, lines 2-4.
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