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Re: investorgold2002 post# 120908

Friday, 06/03/2011 8:35:44 AM

Friday, June 03, 2011 8:35:44 AM

Post# of 257253
Case

below looked eerily similar to sandoz case...we should look at this case in detail. patentdocs has extensive analysis of this and other patent cases...worth looking


"Prior to submitting this argument, however, counsel before the European Patent Office had submitted a response, supported by the same expert's declaration, in the European counterpart of the '382 patent that was directly contradictory to the arguments presented to the U.S. Examiner during prosecution of the '551 patent. Before the EPO, the expert attested and the European attorney argued that the membrane was not necessary to control permeability, an argument used to distinguish over another prior art reference that disclosed a test strip having a membrane."

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