Anavex Life Sciences Corp (AVXL)

[orveko_inc]

This was by and far the most likely office action at this point in the process.

The USPTO looked over the original patent application and said "Guys, you gotta pick one species of AChEI and have to focus on either composition or method of use." Anavex replied with "OK, we pick donepezil and will focus on composition, but ... we're resubmitting the same exact claims and think you should reconsider. Please?" The USPTO: "No. Submit some new claims." Next up, Anavex will submit some new claims that reflect the the USPTO's restriction/election requirement, the USPTO will look things over again, and then hopefully we'll get our Notice of Allowance. Maybe Q2 2016?

This is the problem with watching a sausage being made. It's an ugly process. "Non-Final Rejection" sounds ugly, but it's not. I should have seen this ahead of time, but I'm not a patent expert - just an observer. I missed that Anavex had not submitted new claims along with their response to the USPTO's restriction/election requirement and was under the false impression that a Notice of Allowance could come at this stage, even without reconsidering their initial opinion. As with everything you read here, please verify my statements against your own DD!

The timetable has shifted a bit, but nothing more.