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HDGabor

04/05/20 11:11 AM

#262375 RE: ggwpq #262366

g-

The '728 is not about Apo-B.
The "Patent Office found that a decrease in Apo B was an unexpected benefit" in case of the '727 patent.

Can we assume USPTO Examiner had at least considered Kurabayshi?

Well … I could not imagine that somebody (an examiner) says

The prior art is either silent or teaches that there is no statistically significant change in Apo-B levels when patients with TG levels less than 150 mg/dl or between 150-499 mg/dl are treated with either 96% pure ethyl-EPA or a mixture of ethyl-EPA and DHA

if read / considered Kurabayshi.

Best,
G