Appeal No. 94-3676
Application 07/949,327
34 USPQ2d at 1215. Accordingly, we must reverse the
examiner’s decision to reject the patentability of the claimed
subject matter under 35 U.S.C. § 103 in view of the combined
prior art teachings.
3. Other Issues
At Oral Hearing on April 9, 1997, this panel asked
appellants’ counsel, Mr. R. Love, (1) what information had
been added to Applications 07/104,461, filed October 2, 1987,
and 06/438,128, filed November 1, 1982, which was not
explicitly described in their respective parent applications;
(2) whether appellants were aware of any intervening art which
could be material to the patentability of the subject matter
claimed; and (3) whether the examiner had determined the
effective filing date for the full scope of the subject matter
of the appealed claims. Counsel understandably was not
prepared to answer the questions presented at Oral Hearing, so
the Board entered an Order dated
April 9, 1997, requesting the information. Counsel timely
responded with papers filed on April 11, 1997.
We note from the papers filed on April 11, 1997, that
(1) Capon, “Two Distinct Families of Human and Bovine
Interferon-I Genes Are Coordinately Expressed and Encode
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