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In view of the considerations in points 3. As was confirmed by the technical expert, the only plausible explanation for this statement was that dasatinib could inhibit commonly occurring imatinib resistant mutants. Over the years the business has grown beyond the local Hunter Valley area and now supplies customers from every corner of Australia and New Zealand as well.


In particular, it was argued that such assays could not be used to predict whether a compound was a potent enough inhibitor in vivo, because it was known in the art that it was not possible to mimic, in vitro, the cellular level of ATP see document 9 , pages 82 and 86 to Geahlen, Journal of Natural Products, Vol.



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4 Responses

  1. Kicage says:

    Remittal In the decision under appeal the opposition division revoked the patent solely on the grounds of added matter main request and lack of sufficiency of disclosure auxiliary requests. As was confirmed by the technical expert, the only plausible explanation for this statement was that dasatinib could inhibit commonly occurring imatinib resistant mutants.

  2. Kerisar says:

    Showing a pharmaceutical effect in vitro may be sufficient, if for a skilled person this observed effect directly and unambiguously reflects the therapeutic application.

  3. Malakasa says:

    Methods for administration of dasatinib, including oral administration, are also disclosed in the application see page 50, line 9 to page 51, line 9.

  4. Mikazshura says:

    The skilled person was therefore left to guess whether dasatinib at the effective date of the patent in suit showed any PTK inhibitory activity with respect to any kinase, let alone BRC-ABL kinase inhibitory activity.

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