Appeal No. 1996-0756 Paper No. 24
Application No. 08/027,853 Page 3
The examiner found that unexpected results were
demonstrated after six days of sequential
administration of both 10 IU/ml and
100 IU/ml
concentrations of IFN-
$ followed by
tamoxifen (an
antiestrogen), but
found no synergy at an IFN-$ concentration
of 1000 IU/ml, as illustrated in
Appellants' Fig. 1B (right) (Paper No. 19 (Ex. Ans.) at 8).
Indeed, after six days with an IFN-$ concentration of
1000 IU/ml, there appears to be no difference between
simultaneous (circles) and sequential (triangles) treatment.
Appellants point to no other data of record to support a
finding of unexpected results. We note that after three days
(Appellants' Fig. 1A, right), the claimed sequential
administration (triangles) is less effective than simultaneous
treatment (circles) and, using a 10 IU/ml concentration of
IFN-$, may be less effective than tamoxifen alone (the dotted
line "TAM").
Evidence of nonobviousness must be commensurate in scope
with the claims that the evidence is offered to support.
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