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Re: HDGabor post# 264969

Saturday, 04/11/2020 3:08:02 PM

Saturday, April 11, 2020 3:08:02 PM

Post# of 424033
HDG-Your're missing the forest for the trees--the appeal hinges on Du's procedural error negating one sec. cons. against the other. As Markman pointed out--AMRN should not be punished for not qualifying for some of the other sec. cons.

The issue whether the Patent Office’s examiner considered Kurabayashi or not is irrelevant and not a fatal error, nor is the substantive issue in Kurabayashi : whether the apolipoprotein B level in the eicosapentaenoic acid group was significantly lower at week 48 compared with the baseline level essential--we have ENOUGH sec. cons. to win appeal--just need to overrule Du's negating one against other.

HDG--please stop cluttering board with legal theories that are off point.
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