Friday, September 18, 2020 11:02:33 PM
The jury on this board is divided somewhat on whther this was deliberately cropped or not. The fact remains that the Interpretation of the Table was scientifically incorrect even by Heineke's admission in depositions submitted by Covingtom. It was the basis for dismissal of the non-obviousness case for Apob made by the USPTO. Never mind any population based ssevere TG arguments. IMO therefore that negatiion of the patent examiners finding and the patent was based on CLEAR scientific error -period. All the rest about expert witness debate and Du's judgemnet on this I set aside. There is CLEAR judicial eror in assessing scientifc undisputed facts.
HK
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