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Re: biopearl post# 12006

Friday, 06/06/2014 7:24:07 PM

Friday, June 06, 2014 7:24:07 PM

Post# of 20689
To clarify: here is the quote from the Appeals Court dealing with the lack of definition of the type of molecular weight wording in the patent. It was TEVAs argument that they meant "peak" in the '808 but with out going back and reading the patent itself I am just forwarding for the board the language in the ruling that looks pretty favorable even if the case were remanded back to the Appeals court.
Sorry for not being more careful, here it is from the source:

<<copolymer-1 having a molecular weight of
about 5 to 9 kilodaltons. Pet. App. 5a (emphasis added by court of appeals).
Neither the patents’ claims nor their common specification identifies the type of “molecular weight” or “average molecular weight” used in the claims.>>