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HDGabor

04/16/20 2:50 PM

#266757 RE: eightisenough #266745

e-

Plaintiffs have presented weak evidence of the existence of secondary considerations, which do not overcome the Court’s finding that all Asserted Claims are prima facie obvious.

… and you continuously miss / deny the basic mistake: she count Kurabayashi as supports "all Asserted Claims are prima facie obvious" meanwhile it is not … furthermore it supports (is not against) "existence of secondary considerations".

Best,
G

relocatedmetsfan

04/17/20 3:18 AM

#266946 RE: eightisenough #266745

eight - "weak evidence of the existence of secondary considerations"


Do you believe that Judge Du used this same logic on the entire secondary considerations in her ruling as the USPTO used just for unexpected benefits (from the non-final rejection of the parent application that resulted in patent '677)?




Is this something that can be applied to unexpected benefits for ApoB in this case as well?