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Amarin Corporation plc Message Board

  • ntdy ntdy Aug 14, 2012 11:58 AM Flag

    12/702889 claim allowance

    It seems that many here are concerned about the allowance of the '889 applications. I finally got around to studying the '889 claims to see what the fuss is all about. My prediction is that AMRN will essentially get all if not most of the claims allowed.

    The PTO already allowed this patent with notification of "reason for allowance" on 6/28, so the question really is which claims are allowed. Because this application only has one independent claim (claim 1), by issuing reason for allowance, the PTO basically already indicated that claim 1 is allowed without significant change. (One can also deduce this from prior non-final rejections, otherwise it would have been an outright rejection.) Claim 1 of course is the backbone of this application, the rest of the claims 2-13 are dependent claims which re-enforce claim 1 with specific ranges, patient populations, etc.

    I don't see any strong reasons for PTO to reject any of the independent claims, as the key dependent claims are all based on ANCHOR results - which we all know were surprising relative to the vast amount of EPA prior arts (and as I accurately predicted in prior posts months ago, the ANCHOR results have been the basis of PTO allowance for all recent Vascepa patents). Claims 2-5 and 11-13 certainly will pass. Claims 6-10 are ANCHOR claims which may be revised slightly, but I am quite sure will not be rejected and will stay essentially in tact.

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