Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply
In Toro Co. v. Hardigg Enterprises, Inc., 549 F.2d 785, 788, 193 USPQ 149, 153 (CCPA 1977), this court reiterated the basic rule that appellate jurisdiction does not extend to decisions of the board which are not final.