Appeal No. 2006-2325 Page 2
Application No. 10/340,980
GROUND OF REJECTION
Claims 1-9 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Partridge.
We reverse.
DISCUSSION
Claims 1-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated
by Partridge.
Claim Construction:
Appellant’s claims are drawn to a method of modulating the metabolism of
a dieting mammal. See e.g., claim 1. The method comprises administering 7-
oxo DHEA1 to the dieting mammal. Id. As set forth above, appellant’s
specification (paragraph 5) defines “dieting” as “eating and drinking sparingly with
the intent to lose weight.” Therefore, as we understand it, appellant’s claims are
drawn to a method comprising administering 7-oxo DHEA to a mammal who is
eating and drinking sparingly with the intent to lose weight.
Partridge:
Appellant concedes that Partridge teaches the administration of 7-oxo
DHEA to a human subject with the intent to control weight gain or promote
1 Or a pro-drug thereof incapable of in vivo conversion to testosterone. See e.g., claim 1.
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007