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Re: orveko_inc post# 67028

Wednesday, 07/06/2016 10:25:08 PM

Wednesday, July 06, 2016 10:25:08 PM

Post# of 469900
Thanks for the reply. George and Mike pointed me in the right direction.

It appears to me that Anavex is claiming synergistic and the examiner is claiming additive and obviousness.

It may be a good sign that the examiner included this in his last Advisory Action -

Applicant presents secondary considerations in the form of synergistic results in Figure 5 to overcome a prima facie case of obviousness. This is not persuasive because, while Figure 5 presents synergistic results between A2-73 and donepezil, this is not commensurate with the full scope of the claims.


The bolded (by me) portion seems to admit that A2-73 and donepezil are synergistic. I agree with you that Anavex can meet the full scope of claims by dropping galantamine, rivastagmine, and memantine from the application.

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