Appeal No. 2006-0148 Page 13
Application No. 09/933,309
significant improvement of cellular immune function. See, e.g., the abstract.
McCormick did not, however, conclude that growth hormone treatment had no effect on
thymus function. Rather, McCormick stated that
[o]ur results would seem to indicate that the rejuvenation of the senescent
cellular immune response is not achieved as quickly as the rejuvenation of
the thymus gland. The thymus regained much of its normal young
morphology after 8 weeks of growth hormone treatment but cellular
immune function did not recover as quickly. This can be explained in
either of two ways. First, it may be due to the time lag in the seeding of
the peripheral lymphoid organs with newly matured and normal functioning
thymocytes from the rejuvenated thymus. Alternatively, it may be that the
thymus factors responsible for maintaining the vigor of the cellular immune
response have not been present for a long enough period of time to
restore peripheral lymphocytes to normal functioning levels.
Paragraph bridging pages 23 and 24.
Thus, while McCormick observed no increase in thymus function during the time
period of the disclosed experiment, the researchers reported that they expected
increased thymus function because of “the rejuvenation of the thymus gland.”
McCormick suggests that improved function was expected, even though it was not
observed as quickly as improved morphology.
None of the results reported by McCormick directly contradict the conclusions
reached by Goff and the Fahy declaration – that growth hormone treatment improves
thymus function. As discussed above, the results reported by Goff and in the Fahy
declaration reinforce each other and therefore are entitled to more weight collectively
than McCormick’s negative results (which even McCormick tries to explain away). We
find that the preponderance of the evidence in the record favors Appellant’s position that
growth hormone treatment is likely to produce an increase in thymus function.
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