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Re: dogn post# 358273

Thursday, 10/28/2021 11:04:52 AM

Thursday, October 28, 2021 11:04:52 AM

Post# of 426190
d, the patent was ultimately approved not due to Mori but due to secondary considerations of unexpected ApoB reduction (Kura), so I think Covington/Kennedy might have committed legal malpractice by arguing for the 2-patient population theory of Mori. I could see Du being lazy and copy USPTO's opinion and tossed the 2-patient population theory out the window no matter how well Covington argued for it. On hindsight, Covington should use the USPTO as a playbook and defend the unexpected benefit of ApoB reduction at all cost, hence able to discover the cropped table of Kura, etc.
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