`
`IN RE APPLICATION OF:
`
`YOSHIHIRO FUJIKAWA ET AL
`
`:
`
`:
`
`GROUP ART UNIT:
`
`DIVISIONAL APPLICATION DIVIDED FROM
`
`EXAMINER:
`
`: :
`
`SERIAL NO.:
`
`07/631,092
`
`FOR:
`
`QUINOLINE TYPE MEVALONOLACTONES
`
`:
`
`DECLARATION UNDER 37 CFR 1.132
`
`HONORABLE COMMISSIONER OF PATENTS & TRADEMARKS
`
`WASHINGTON, D.C.
`
`20231
`
`SIR:
`
`I, Masaki Kitahara, do hereby declare and state
`
`that:
`
`l. I am a named co-inventor in the above-captioned
`
`patent application, an employee of Nissan Chemical
`
`Industries, Limited, and a citizen and resident of Japan.
`
`2.
`
`I am familiar with the above-captioned patent
`
`application, and Claims presented by Divisional
`
`Application.
`
`3. To demonstrate the unobvious superiority of the
`
`subject matter claimed therein, comparative tests were
`
`conducted, demonstrating the importance and unobvious
`
`superiority conferred on these compounds by the selection
`
`gwr.“
`
`Mylan Exhibit 1032, Page 1
`
`Mylan Exhibit 1032, Page 1
`
`
`
`-of the oyclopropyl
`
`(c—Pr) substituent. These are
`
`described as follows:
`
`Data was obtained with regard to the following
`
`compound having the formula:
`
`OH
`
`0}-{C00 - 1/2Ca F
`
`@ I
`@ ON
`
`R‘
`
`Comgound
`
`gfi
`
`Evaluation
`
`Evaluation
`
`TEST METHOD
`
`Test A
`
`Test B
`
`Compound
`
`of this
`Invention
`
`cyclopropyl
`
`4.4 x 10*9
`
`35.0 x 10—9
`
`(c—Pr)
`
`Reference
`
`isopropyl
`
`23.0 x 10-9
`
`105 x 10-9
`
`Compound
`
`(i-Pr)
`
`Test A:
`
`Inhibition of cholesterol
`
`biosynthesis from acetate in vitro
`
`This test was carried out as described on pages
`
`28-29 of the specification.
`
`The above numerical values
`
`indicate IC5o (molar concentration).
`
`Mylan Exhibit 1032, Page 2
`
`Mylan Exhibit 1032, Page 2
`
`
`
`O
`
`O
`
`Test B:
`
`inhibition of cholesterol
`
`bios nthesis in culture cells
`
`This test was carried out as described on pages 29
`
`to 30 of the specification.
`
`The above numerical values
`
`indicate IC5o (molar concentration).
`
`4. Based on the data reported above, it can be
`
`determined that the compound of this invention exhibits
`
`unobvious superiority, and in particular, sharply enhanced
`
`inhibition of cholesterol biosynthesis,
`
`in vitro, and
`
`culture cell, when compared with the referenced compound
`
`‘of the prior art, and compounds having an identical
`
`structure save for the selection of cyclopropyl, as
`
`opposed to isopropyl substituent, for R5. This enhanced
`
`activity could not be predicted on the basis of structure,
`
`or information available to those of ordinary skill in the
`
`art as of the effective filing date of this application.
`
`Mylan Exhibit 1032, Page 3
`
`Mylan Exhibit 1032, Page 3
`
`
`
`All statements made herein of my own knowledge are
`
`true, and all statements made on information and belief
`
`are believed true.
`
`I am aware that willful false
`
`statements and the like are punishable by fine,
`
`imprisonment or both, 18 U.S.C. §100l, and that such
`
`willful false statements may jeopardize the validity of
`
`the above-captioned patent application and any patent
`
`issuing thereon.
`
`FURTHER,
`
`I SAYETH NOT.
`
`May25, 1992
`D8“;
`
`{
`§:.!
`.
`l,{&a/
`Masaki Kitahara
`
`Mylan Exhibit 1032, Page 4
`
`Mylan Exhibit 1032, Page 4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
