Appeal No. 94-2097
Application 07/875,630
It has been determined . . . that the present
application has an effective filing date of
December 13, 1982.
We disagree.
Having carefully reviewed the contents of parent
application Serial No. 06/448,951, filed December 13, 1982, we
find that this application does not provide adequate written
descriptive support for the claims before us. The '951
application does not provide adequate written descriptive
support for the step of administering interferon orally in
solution at about 0.1 to about 1.5 IU/lb of body weight per
dose per day. Accordingly, the appealed claims are not
entitled to benefit of the filing date of this parent
application. See In re van Langenhoven, 458 F.2d 132, 136-37,
173 USPQ 426, 429 (CCPA 1972).
We hold that the examiner's finding in the Answer,
sentence bridging pages 2 and 3, is clearly erroneous.
Therefore, the earliest possible date which the appealed
claims can benefit from is January 4, 1985, the filing date of
parent application Serial No. 06/688,868. Therefore, PCT
publication WO 82/00588, published March 4, 1982, here
constitutes legally available prior art under 35 U.S.C.
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