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Re: None

Monday, 05/11/2009 1:56:59 PM

Monday, May 11, 2009 1:56:59 PM

Post# of 3141
PART III — NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
The Registrant’s Quarterly Report on Form 10-Q (the“Report”) for the quarter ended March 31, 2009 cannot be filed on or prior to the prescribed May 11, 2009 due date without unreasonable effort or expense due to a significant event that occurred in February 2009. As discussed in previous filings with the Securities and Exchange Commission, on February 12, 2009, the Registrant completed the first interim efficacy analysis of its Riquent® Phase 3 ASPEN study and determined that continuing the study was futile. As a result, the Registrant terminated a substantial number of its employees on April 20, 2009. Due to the discontinuation of the study and the reduction in force, the limited remaining personnel at the Registrant were required to assume duties in addition to their financial reporting responsibilities and the Registrant will be unable to file the Report by the prescribed May 11, 2009 due date. The Report is expected to be filed within the 5 day extension permitted by the rules of the Securities and Exchange Commission.

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