Appeal No. 94-3222
Application 07/815,630
(7) Application 07/546,162 for “METHOD FOR TREATING
DISORDERS OF THE VASCULAR AND PULMONARY SYSTEMS” was filed
October 27, 1983, in the names of Stolle and Beck and issued
January 13, 1987, as U.S. 4,636,384; and
(8) Application 07/384,625, now abandoned, was filed June
3, 1982, in the names of Stolle and Beck.
We note from the above listing that while the subject
matter appellants claim appears to be entitled to the July 5,
1990, filing date of (2) Application 07/548,419 filed in the
names of Beck and Stolle as a file-wrapper continuation of
this application, it is not at all apparent that the full
scope of the subject matter presently claimed is entitled
either to the November 6, 1989, filing date of (3) Application
07/431,639 for “USE OF HONEY AS VACCINE” filed in the sole
name of Stolle or the April 4, 1988, filing date or (5)
Application 07/177,223 for “ANTI-INFLAMMATORY FACTOR, METHOD
OF ISOLATION, AND USE” filed in the sole name of Beck. In
fact, this record is noticeably devoid of any indication that
the effective filing date of the subject matter claimed has
been determined. Accordingly, it is our view that claim
interpretation in light of the prior art cannot have been
adequately done without first determining the merits of
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