Biotech Values

[zipjet]

Sorry to be repetitive on this I have still not heard obviousness defense on the claim "lower mol weight is less toxic" . Why is this finding obvious? could anybody who had read prior art on Copolymer or similar compounds have surmised, that lower mol weight always tends to be less toxic ?

Obviousness is not my top argument.

But here goes. It is "obvious" that when a drug is a complex mixture that refining selection of the components in some fashion could improve the resulting product. It does not matter whether that is lower mw, higher mw, combinations of selected ranges, or some other screening factor. Thus, incremental improvements are to be expected and are obvious.

Absent a dramatic and unexpected result, refinement of the selection of the drug by whatever criteria is likely to improve the result and thus obvious and another patent should not issue or should be invalid.

I would certainly give a different answer if some tweaking of the drug resulted in dramatic reductions in toxicity or dramatic improvements in effectiveness. BUT that is clearly NOT what happened with C.

ij