Appeal 2007-1615
Application 10/693,442
DISCUSSION
“The Hoodia gordonii cactus has been used safely and effectively for
decades to temporarily stave off hunger and thirst” (Spec. 2). According to
Appellant, “temporary or opportunistic use appears . . . to cause a long-term
increase in body mass” (id. at 3) because “one-time administration creates a
transient appetite suppression phase . . . followed by an appetite stimulation
phase of indeterminate duration” (id. at 5).
Nevertheless, Appellant teaches that Hoodia gordonii “can be used to
safely and effectively control obesity . . . [by regulating] the timing of the
hoodia administration” (id. at 4). In particular, Appellant “propose[s] repeat
administration, before the onset of the appetite stimulation phase. In other
words, [ ] administration [that] occurs at least as frequently as the length of
the appetite suppression phase” (id. at 5), “over an extended period of time
. . . enabl[ing] the user’s body to adjust to a lower basal body weight” (id. at
6).
Claims 1, 2, 7, 35, and 36, the only claims at issue in this appeal,2 are
as follows:
1. A method of body weight reduction, comprising administering
to a human in need thereof a body weight reducing amount of
hoodia gordonii at least once every about 48 hours, for at least
about 45 days.
2. The method of claim 1, said hoodia gordonii administered at
least three times every 24 hours.
2 Claims 3-6, 17-26, 28-34, and 37-40, are also pending, but have been
indicated allowable (Answer 3). Claims 8-16 and 27 have been canceled
(Br. 1).
2
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