Appeal No. 94-2097
Application 07/875,630
We shall not pass on the merits of the examiner's prima
facie case of obviousness. We shall assume arguendo, without
deciding, that the claimed method would have been prima facie
obvious over Hasegawa or Tompkins. Nevertheless, in our
judgment, comparative data in appellant's specification serves
to rebut any such prima facie case. See particularly EXAMPLES
3, 4, and 5 in the specification, showing that low oral doses
of human alpha interferon provide unexpectedly superior
antiviral properties on treating cattle. EXAMPLES 3, 4, and 5
adequately represent the narrow low dose range set forth in
the claims (about 0.1 to about 1.5 IU/lb of body weight per
dose per day), and show that low doses of interferon provide
unexpectedly superior antiviral properties compared with
higher doses outside the claimed range. On the strength of
this specification evidence, we reverse the § 103 rejections
based on Hasegawa or Tompkins.
OTHER ISSUE
One further point warrants attention. In the Examiner's
Answer, paragraph bridging pages 2 and 3, the examiner states
as follows:
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