Appeal No. 94-2097
Application 07/875,630
This appeal was taken from the examiner's decision
rejecting claims 2, 3, 5, 7, 8, 10, 21 and 22, which are all
of the claims remaining in the application.
REPRESENTATIVE CLAIM
Claim 21, which is illustrative of the subject matter on
appeal, reads as follows:
21. In a method for treating a warm-blooded vertebrate
to stimulate antiviral, antiproliferative and immunomodulatory
responses by oral administration of interferon whereby
ingested interferon is subjected to the digestive conditions
of the digestive tract of the warm-blooded vertebrate, the
improvement which comprises administering the interferon
orally in solution at about 0.1 to about 1.5 IU/lb of body
weight per dose.
THE REFERENCES
The references relied on by the examiner are:
Cummins, Jr. (Cummins) 5,019,382 May 28, 1991
Hasegawa et al. (Hasegawa) 4,675,184 Jun. 23, 1987
(filed Jan. 4, 1984)
M. B. Tompkins et al. (Tompkins), "Response of Feline Leukemia
Virus-induced Nonregenerative Anemia to Oral Administration of
an Interferon-containing Preparation," 12 Feline Practice no.
3,
6-15 (May-June 1982).
THE ISSUES
The issues presented for review are: (1) whether the
examiner erred in entering a provisional rejection of all the
appealed claims under the judicially created doctrine of
-2-
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