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Re: rafunrafun post# 261429

Friday, 04/03/2020 4:11:49 PM

Friday, April 03, 2020 4:11:49 PM

Post# of 425263
It’s a dead issue. Listen I see your point. I was in that camp. It’s frustrating but
we aren’t going to win with that argument. If you read the judges full decision you’ll see what she does. Plus the original patent examiner screws us in his wording.

So in amrn facts and order page 145. It is stated “ Thus, in the Reasons for Allowance the Examiner maintained his view that, even if there was no prior art teaching administration of purified EPA to a patient population of 500 mg/dl or greater, prior art teaching administration of purified EPA to a patient population with “[e]ven a slight overlap in range” established prima facie obviousness.”

Therefore these ridiculous trials with even 1 pt or a hypothetical pt over 500 is what’s killing us. She’s connecting all pts of 300 400 500 600 as having the same essential physiology and that’s backed up by experts. Further experts agree that the cut off of 500 is arbitrary. She concludes that Tg>500 cut point is not very significant. I don’t have her exact argument in front of me.
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