RE: IP progress - NXP00224 Sep 2023 20:42
As I mentioned this has no value if this gets refused again! A lot hangs on them getting this. Looks like bad blood in Japan from Kissie pulling them up to protect their drug.
“Notice of Transfer of a Case for Reconsideration by Examiners before Appeal
Proceedings
Reiwa 5(2023) September 14
Commissioner of the Patent Office
Number of the request/demand for appeal/trial: Appeal 2023 - 12306
(Application number) : (Japanese Patent Application No. 2020-555115)
Demandant: **** mix Technologies Limited
Representative patent attorney: ASAMURA PATENT OFFICE
Since there was correction about a Description, a scope of the claim, or Drawings
simultaneously with the request/demand for appeal/trial, and an examiner is made to
examine in accordance with the provisions of Article 162 of the Patent Act
(reconsideration by examiners before appeal proceedings), we announce you this the
case of appeal against the examiner's decision of refusal.
Specialist for Formality Examination ODA, Naomi T664”
“Decision of Refusal
Application number: Japanese Patent Application No. 2020-555115
Date of Drafting: Reiwa 5(2023) March 9
Patent examiner: TSUCHIHASHI, Keisuke 3839 4H00
Title of the invention:Tranilast salts and pharmaceutical use thereof
Applicant: **** mix Technologies Limited
Representative: ASAMURA PATENT OFFICE
This application should be refused for the reason 1,2 mentioned in the Notice of
Reasons for Refusal dated 10/28/Reiwa 4. Although the written opinion and the written
amendment have been examined, no basis sufficient to overthrow the previously given
reason(s) for refusal has been found.
Remarks
Regarding Reasons 1 and 2 (Article 29 (1) (I) and Article 36 (2) (I) of the Patent
Act) 3
- Claim 11,12
- Cited Document, etc. 1
- Remarks
Reasons 1 and 2 on the basis of the cited document 1 are as pointed out in the
previous notification of reasons for refusal. In the written opinion, "A 1:1
Tranilast potassium hydrate salt of the inventions according to Claims 11 and 12 of
the present application" While high water solubility and high solubility stability
are exhibited (Examples 13 and 14), the crystals of Comparative Example 1 described
in Table 7 of Cited Document 5 and the crystals of Comparative Examples 14 and 15
described in Table 9 are precipitated as sparingly soluble salts (crystals) in an
aqueous solution. Therefore, the characteristics of the two are different from each
other, and it is reasonable to understand that the salt described as a comparative
example in Cited Document 1 is characterized by the specific powder X-ray diffraction
pattern, and that it is not a 1:1 Tranilast potassium monohydrate salt. ". However,
working Examples 13 and 14 in the description of the present application and Tables 7
and 9 in Cited Document 1 differ in terms of the dissolving conditions, and in particular, in the case of Cited document 1, the temperature of the aqueous solution is considerably lower (the present