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investorgold2002

06/19/11 10:48 PM

#121916 RE: investorgold2002 #121915

Corrections!
"Did TEVA really make a better version, or just change the colour?"
What has this anything to do with "obviousness" ?


"TEVA told the FDA that the product was the same wrt safety and efficacy. "
yes. What has this anything to do with "obviousness" ? This is evidence for inequitable conduct.


IMHO Obviousness would be possible
1) If 1974 patent had some clues that lower molecular weight of cope-1 is more safe. OR
2) If other prior art on cope-1 mentions that changes in molecular weight leads to changes in toxicity , so as to make TEVA's findings obvious