Also, the Appellate Court was addressing a different question, whether the difference between the Momenta and Mylan products are insubstantial enough to infringe on TEVA's patents. The FDA may not apply the same test. Note the court's arithmetical test seems a bit unsophisticated, they add up the difference between the percentages in the Momenta and Mylan products v. the percent statement of 6:2:5:1. Thus 43.6 v. 42.9 produces 0.7 of difference, while 8.3 v. 7.1 produces 0.8 of difference. rwdm's method of calculation takes into account that the same absolute difference between smaller numbers is more significant.