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  4. Elite Pharmaceuticals Inc (ELTP) Message Board

I think it is. They submitted the revised claims a

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Post# of 2146
Posted On: 11/29/2012 10:49:04 AM
Posted By: tangerine
Re: steges #310

I think it is. They submitted the revised claims as I thought they would. Not sure why that took awhile or if the USPTO is just posting them now. I don't know the process.



They smartly are not submitting the form for the double patenting until the claims are agreed to be allowed. This makes sense to me since you want to close this first and then once the patent office agrees, you can make your argument over the double patenting if you want. The double patenting will only effect the effective date of the patent.



In times past inventors would submit similar patents to their existing patent in order to create a new start date and extend the time of their exclusivity, and could do it almost in perpetuity.


Because the patents are so close, the USPTO said it was double patenting. That also means that the USPTO agrees with elites argument over obviousness since it is the same as the previous claims and the rejection was identical as well. Thus the same argument holds.



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