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10/20/14 1:16 PM

#182972 RE: John Tucker #182971

Ok but ....

They have shown several benefits resulting from the deuteration at the 5 prime position by comparing 3422 with the undeuterated version in their examples. In patent terminology these benefits were unexpected and surprising.

frontiers

10/20/14 1:18 PM

#182973 RE: John Tucker #182971

On their point regarding two legal opinions they were being diligent and would not have pursued it had either opinion been negative.

frontiers

10/20/14 4:36 PM

#182994 RE: John Tucker #182971

(what if) ACHN's production lots contain 1%, 0.1%, or 0.01% of non-deuterated material



The ACHN patent application covers levels of deuterium enrichment at the claimed positions (5-prime of ribose and uridine) of 50-99% in various embodiments. Hence the point you brought up is not a concern if the patent is allowed ... which I expect it will be, based on the four separate benefits of deuteration that are shown in the examples.