-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, FUdDaiM7BZ3uBUbXPvaWF2hVu/Q/5V7O12+VjMYsEgy8FTUDR+K2lF8KiB1JLajC vHdgfI2Lua7DW0zh6Iq3lg== 0001047469-03-033886.txt : 20031022 0001047469-03-033886.hdr.sgml : 20031022 20031021174254 ACCESSION NUMBER: 0001047469-03-033886 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20031022 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HEALTHETECH INC CENTRAL INDEX KEY: 0001141215 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 770478611 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-78393 FILM NUMBER: 03950420 BUSINESS ADDRESS: STREET 1: 523 PARK POINT DRIVE STREET 2: 3RD FLOOR CITY: GOLDEN STATE: CO ZIP: 80401 BUSINESS PHONE: 303-526-5085 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MAULT JAMES R MD CENTRAL INDEX KEY: 0001178846 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: C/O HEALTHETECH STREET 2: 523 PARK POINT DR 3RD FL CITY: GOLDEN STATE: CO ZIP: 80401 BUSINESS PHONE: 3035265085 MAIL ADDRESS: STREET 1: C/O HEALTHETECH STREET 2: 523 PARK POINT DR 3RD FL CITY: GOLDEN STATE: CO ZIP: 80401 SC 13D/A 1 a2120703zsc13da.htm SC 13D/A
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    UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13D/A
(Rule 13d-101)		    

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND
AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a)

(Amendment No. 7)1
HEALTHETECH, INC.
(Name of Issuer)

COMMON STOCK
(Title of Class of Securities)

422210 10 4
(CUSIP Number)

JAMES R. MAULT, M.D.,
30589 MONARCH COURT
EVERGREEN, CO 80439
(303) 674-1668

COPY TO

WHITNEY HOLMES
HOGAN & HARTSON L.L.P.
1200 17TH STREET, SUITE 1500
DENVER, CO 80202
(303) 899-7300
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)

October 14, 2003
(Date of Event which Requires Filing of this Statement)

        If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box o.

        Note:    Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent.

(Continued on following pages)

(Page 1 of 5 Pages)

1
The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.


The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes to Schedule 13D).


SCHEDULE 13D
(Amendment No. 7)

CUSIP No.            422210 10 4           Page 2 of 5 Pages

1   NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

JAMES R. MAULT, M.D.
2   CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*   (a)  o
                (b)  o
3   SEC USE ONLY

            
4   SOURCE OF FUNDS*
OO (1)
5   CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)   o
6   CITIZENSHIP OR PLACE OF ORGANIZATION
UNITED STATES OF AMERICA

NUMBER OF
SHARES
 
7
 
SOLE VOTING POWER
1,359,166(2)
 
 
BENEFICIALLY  
OWNED BY
EACH		   8   SHARED VOTING POWER
0		    
REPORTING  
PERSON
WITH		   9   SOLE DISPOSITIVE POWER
1,359,166(2)		    
       
        10   SHARED DISPOSITIVE POWER
0		    
11   AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,359,166(2)
12   CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES*   o
13   PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
6.63%(3)
14   TYPE OF REPORTING PERSON*
IN
(1)
No source of funds. This Amendment No. 7 to Schedule 13D relates to dispositions of securities.

(2)
Of these shares beneficially held by the Reporting Person, 825,833 shares are issuable upon exercise by the Reporting Person of vested stock options.

(3)
The percentage ownership is calculated using 19,668,321 shares of common stock of the Issuer, which were disclosed as issued and outstanding as of September 25, 2003 in the Issuer's preliminary proxy statement on Schedule 14A filed with the SEC on October 8, 2003, and 825,833 shares of common stock exercisable pursuant to vested stock options.


Item 1. Security and Issuer.

        This Amendment No. 7 to the statement on Schedule 13D relates to the common stock, $0.001 par value per share (the "Common Stock"), of HealtheTech, Inc., a Delaware corporation (the "Issuer"), and is being filed pursuant to Rule 13d-2 under the Securities Exchange Act of 1934, as amended. This Amendment No. 7 to the statement on Schedule 13D amends the statement on Schedule 13D filed on July 29, 2002, as amended by Amendment No. 1 thereto filed on December 5, 2002, Amendment No. 2 thereto filed on February 5, 2003, Amendment No. 3 thereto filed on March 24, 2003, as amended and restated by Amendment No. 4 thereto filed on July 11, 2003, as amended by Amendment No. 5 thereto filed on July 28, 2003 and as amended by Amendment No. 6 thereto filed on October 2, 2003. The address of the principal executive offices of the Issuer is 523 Park Point Drive, 3rd Floor, Golden, Colorado 80401.


Item 3. Source and Amount of Funds or Other Consideration.

        This Amendment No. 7 to the statement on Schedule 13D relates to the disposition of shares of Common Stock and thus this Item 3 is not applicable.


Item 4. Purpose of Transaction.

        This Amendment No. 7 relates to the disposition by the Reporting Person of 243,900 shares of Common Stock in brokered open-market transactions since the filing of Amendment No. 6 to the statement on Schedule 13D. Depending on prevailing market conditions and the Reporting Person's internal valuations, the Reporting Person expects to make further dispositions of Common Stock in the future.

        Other than as described above, the Reporting Person has no plans or proposals which relate to or would result in any of the matters listed in Items 4(a)-(j) of Schedule 13D.


Item 5. Interest in Securities of the Issuer.

            (a)   The Reporting Person may be deemed to beneficially own 1,359,166 shares of Common Stock (including stock options providing for the right to acquire 825,833 shares of Common Stock that have vested). The aggregate number of shares for which the Reporting Person may be deemed to be the beneficial owner represents approximately 6.63% of the 19,668,321 issued and outstanding shares of Common Stock as of September 25, 2003, assuming the exercise of all 825,833 options to purchase shares of Common Stock held by the Reporting Person.

            (b)   The Reporting Person has sole dispositive and voting power over all of the 1,359,166 shares of Common Stock beneficially owned by him.

            (c)   During the past 60 days, the Reporting Person effected the following transactions: Open market sales pursuant to Rule 144:

Date
   Number of
Shares
   Price per
Share
September 2, 2003   15,700   $0.75
September 3, 2003   600   $0.75
September 4, 2003   69,631   $0.70 to $0.851
September 8, 2003   37,645   $0.80 to $0.83
September 17, 2003   93,725   $0.73 to $0.75
September 18, 2003   9,244   $0.73
September 22, 2003   50,000   $0.759
September 23, 2003   44,213   $0.8674
September 24, 2003   1,300   $1.102
September 29, 2003   99,093   $0.8522
September 30, 2003   24,425   $0.8254
October 1, 2003   118,000   $0.7669
October 2, 2003   125,000   $0.754
October 3, 2003   34,000   $0.73
October 6, 2003   34,900   $0.73
October 14, 2003   30,000   $0.80
October 15, 2003   20,000   $0.80
(d)
Not applicable.

(e)
Not applicable.


SIGNATURES

        After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

Dated: October 22, 2003.

  /s/  JAMES R. MAULT, M.D.      
James R. Mault, M.D.		  



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SCHEDULE 13D (Amendment No. 7)
SIGNATURES
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