Appeal No. 94-2097
Application 07/875,630
THE PRIOR ART REJECTIONS
In considering the rejections under 35 U.S.C. § 103, we
first invite attention to the previous Board decision, adhered
to on reconsideration, in parent application Serial No.
07/044,317 (Appeal No. 90-3336). See the parent file, Paper
Nos. 24 and 26. The claims previously presented were broader
than those now at issue. Compare illustrative claim 1 in
Appeal No. 90-3336 (administering interferon orally at a
dosage of about 0.1 to about 5 IU/lb of body weight) with
claim 21 before us (administering interferon orally in
solution at about 0.1 to about 1.5 IU/lb of body weight per
dose). Furthermore, the Stewart and Cummins Declarations,
filed under the provisions of 37 CFR § 1.132, are new to this
application.
We are therefore presented with a different
administrative record. We have taken a step back and re-
evaluated the patentability of appellant's claims based on
this different record. Cf. In re Willis, 455 F.2d 1060,
1062-63, 172 USPQ 667, 669 (CCPA 1972) (what the Patent Office
concluded in previous cases not binding in subsequent cases,
especially when different factual situations are involved).
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