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beachboat983

04/02/20 10:04 PM

#260928 RE: biowreck #260888

Curious about this too... @eightisenough

Eight...are you sure about that? Amarin successfully got patent from uspto after being rejected on obviousness by the uspto, by helping the patent examiner see “an unexpected result”...that being a reduction of apo-b. Secondary consideration includes “unexpected result”.

eightisenough

04/03/20 3:18 AM

#261037 RE: biowreck #260888

bio-direct from Du opinion p. 13: " All of the Asserted Patents were initially rejected as obvious, but the patent examiner responsible for reviewing them later issued materially identical statements of allowance permitting the Asserted Patents to issue because he found that certain secondary considerations of non obviousness made the Asserted Claims patentable. (Id.at 61-65.) He specifically found the pending claims patentable because “Applicant was able to overcome the above 103 obviousness rejection
by showing: 1 - Unexpected results, and 2 -Long felt unmet medical need.” (See, e.g.Ex.38 at 1831.)

I also could not believe this.

I recommend you read the opinion, it will give you a much better perspective.

https://www.scribd.com/document/454018521/Amarin-Pharma-