Ex Parte SAMARITANI et al - Page 7



            after 1 week storage at 50°C for sucrose and mannitol                                        
            formulations (specification, page 4, lines 16-18).  The data is                              
            said to "confirm the better stability of the formulation                                     
            containing mannitol in comparison to that containing sucrose"                                
            (specification, page 4, lines 18-20).                                                        
                        21. The "-subunit percentage for Compositions 1                                  
            through 4 after 1 week at 50°C ("-subunit % = 100 at time = 0                                
            weeks) is said to be the following:                                                          
            1.  r-hCG/5000/SO1 (sucrose)           90.2                                                  
            2.  r-hCG/5000/MO1 (mannitol)          94.7                                                  
                                                  and                                                    
            3.  r-hCG/10000/SO1 (sucrose)          92.4                                                  
            4.  r-hCG/10000/MO1 (mannitol)         95.1                                                  
                        22. According to the specification (page 5,                                      
            lines 1-3), Tables 14 and 15 report bioactivity assay8 with no                               
            appreciable bioactivity decrease being observed after 24 weeks at                            
            4°C and 25°C in compositions with mannitol.                                                  
                        23. It is true that Tables 14 and 15 report data at                              
            the 24 week time period for mannitol.  No data is reported for                               
            sucrose.  Accordingly to the extent the data in Tables 14 and 15                             
            are replied upon to compare r-hCG's stabilized with mannitol vis-                            
            a-vis those stabilized with sucrose, the data are not convincing.                            
                        24. Further according to counsel, Table 14 shows that                            
            when evaluated by bioassay of the International Unit content, the                            

            8   Our comments with respect to HPSEC, n.6, supra, also apply to                            
            "bioassay" tests and data reported from those tests.                                         
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