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mc1988

04/05/20 5:28 AM

#262303 RE: JDUR #262302

I disagree with your claim that:

If the examiner granted the patents due to secondary conditions on the basis of APO-B reductions and Kurabayashi suggested that EPA reduced Apo-B, it is a reasonable assumption to assume the examiner overlooked it.



If you look at the patent document for Patent 8293728 here https://patents.google.com/patent/US8293728B2/en?oq=8293728 it clearly cites Kurabayashi under the "Non-Patent Citations" section.

That suggests to me the more reasonable claim is that the examiner did examine Kurabayashi in his examination process.