Appeal No. 1996-0756 Paper No. 24
Application No. 08/027,853 Page 4
E.g., In re Grasselli , 713 F. 2d 731, 743, 218 USPQ 769, 777
(Fed. Cir. 1983). Sequential administration of IFN-$ and
tamoxifen at two concentrations of IFN-$ appears to yield
synergistic results. At other concentrations of IFN-$,
sequential administration does not yield synergistic results.
Appellants' claim 1 is not limited to any particular
concentration of IFN-$. Hence, a preponderance of evidence1
does not support a showing of unexpected results commensurate
in scope with claim 1. The remaining claims fall with
claim 1.
1Claim 1 is also not limited to using tamoxifen as the
non-steroidal antiestrogen.
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