Ex Parte SAMARITANI et al - Page 8



            mannitol-containing liquid formulation lost 27% of its IU/ml                                 
            after three weeks at 50°C while the sucrose stabilized liquid                                
            formulation lost 36% over the same time period at the same                                   
            temperature (Appeal Brief, page 3).                                                          
                        25. We are unsure as to how counsel arrived at the                               
            27% and 36% figures for the data in the three week column of                                 
            Table 14.  As best we can tell, the percentages should be 26.5%                              
            for sucrose and 18.4 for mannitol:                                                           
                  Sucrose  (9194 - 6757)/9194 = 0.265 = 26.5%                                            
                  Mannitol (8548 - 6977)/8548 = 0.184 = 18.4%                                            
            We assume that applicants would maintain that the lower the                                  
            percentage, the better the result.  However, as we have noted                                
            earlier, we are unable, on this record, to make a finding as to                              
            whether the results are due to (1) sucrose v. mannitol or (2) the                            
            amount of sucrose v. the amount of mannitol or (3) both.                                     
            Moreover, we note that after a 3-week period the IU/ml for                                   
            sucrose (6757) is not all that different than the IU/ml for                                  
            mannitol (6977).                                                                             
                        26. Still further according to counsel, Table 15 shows                           
            that the mannitol liquid formulation lost 24% measured in IU/ml                              
            after 6 weeks at 40°C whereas the sucrose liquid formulation lost                            
            32.5% over the same time period at the same temperature (Appeal                              
            Brief, page 3).                                                                              
                        27. We have no idea where the 24% and 32.5% figures                              
            come from.  As best we can tell, if one starts with T = 0, then                              
            the percentages should be:                                                                   
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