Sucrose (20273 - 14977)/20273 = 0.261 = 26.1%
Mannitol (18919 - 14680)/18919 = 0.224 = 22.4%.9
28. Counsel argues that the results of Tables 10-15
"are surprising and unexpected." Why? In terms of the data in
Table 10 and 11, we have not been told whether a 3-week period is
practical shelf-life or whether r-hCG compositions are normally
stored at 40°C or 50°C. In other words: "From a practical point
of view, what would one skilled in the art understand to be the
normal shelf-life needed for liquid r-hCG compositions?"
Additionally, we are in no position to determine, on this record,
that any differences in results are not due to the difference in
the ratio of r-hCG to sucrose v. the ratio of r-hCG to mannitol.
The data in Tables 14 and 15 at the 3-week and 6-week periods
shows the IU/ml figures to be similar (6757 v. 6977 and 14977 v.
14680). We have not been told whether a person having ordinary
skill in the art would view these differences to have any
practical significance.
29. We decline to find that the data in Tables 7
and 10-15 establish any superior, surprising or unexpected result
for mannitol v. sucrose.
The prior art--PCT application
30. According to the PCT application (page 1,
lines 8-11):
Arguably, one might obtain counsel's percentages if the "base"
is T = 4 weeks.
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