PITHA V. MULLER et al. - Page 32




                 Interference 102,413                                                                                   Page 32                        
                 Pitha v. Muller                                                                                                                       
                 in water at 20 C is reported to be 16g/100ml.  There is noo                                                                                                            
                 indication whether the product of Sz-28 contained cyclodextrin                                                                        
                 derivatives.  Pitha directed us to pages Sz-36, Sz-40 and Sz-                                                                         
                 41 which establishes that a portion of the product from Sz-28                                                                         
                 was solubilized in water with a drug.  Dr. Szente’s                                                                                   
                 declaration states the product of Sz-28 was amorphous and                                                                             
                 solubilized in water with various drugs.   We have not been            43                                                             
                 directed to evidence which establishes that the product Sz-28                                                                         
                 contained cyclodextrin derivatives as required by the count.                                                                          
                 The products Sz-36, Sz-40 and Sz-41, all of which incorporate                                                                         
                 Sz-28, do not describe an embodiment which falls within the                                                                           
                 scope of the count.                                                                                                                   
                                   e.  The product Sz-42                                                                                               
                 In Sz-42 (PR 187, PX-19-58), the experiment took place no                                                                             
                 later than September 1, 1981, which is the date indicated on                                                                          
                 the subsequently occurring page PX-19-66.  HPBCD was said to                                                                          
                 be formed during the experiment.  The substance is described                                                                          
                 as white solid substance.  There is no indication whether                                                                             
                 crystals were formed.  The solubility of the substance in                                                                             
                 water at 20 C is reported to be 16g/100ml.o                                                                                                                 



                          43PR page 184, lines 4-15, page 185 line 19 to page 186                                                                      
                 line 10, and page 187, lines 4-15.                                                                                                    





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