Amarin Corp Plc (AMRN)

[HDGabor]

r-

Now if you want to claim DHA raises LDL more than EPA, you have to do a direct comparison. When this is done, there is no statistically significant increase.

So IMO, Mori ALONE does not teach, in an obvious way that EPA raises LDL levels less than DHA. But why not?

Agree … IF you claim "DHA raises LDL more than EPA" but the claim (null hypothesis) is (e.g. … Excerpts from the U.S. Patent No. 8,293,728)

without substantially increasing LDL-C compared to second subject having fasting baseline triglyceride level of 500 mg/dl to about 1500 mg/dl who has not received the pharmaceutical composition and concurrent lipid altering therapy

and Mori "teach" it. (Please note: Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.)

In case of Apo-B, the claim (null hypothesis) is "reduction in fasting apolipoprotein compared to second subject having fasting triglyceride of 500 mgldl to about 1500 level who has not received the pharmaceutical composition and concurrent lipid altering therapy"

Kurabayashi definitely did not teach, suggest or motivate since between the groups different was statistically non/significant.

Kurabayashi shows (only) that "reduction in fasting apolipoprotein in subject who has received the pharmaceutical composition" (change compared to the baseline) …. but it is not … could not be … a basis of any teaching, suggestion, or motivation (meanwhile Mori could).

Best,
G