Ex Parte SAMARITANI et al - Page 12



                           European Patent Application 0 448 146 A1                                      
                        37. The PCT application mentions European Patent                                 
            Application 0 448 146 A1, published 25 September 1991 (EPO).                                 
                        38. EPO describes the "State of the Art" partially as                            
            follows (page 2, lines 10-24):                                                               
                        Relatively pure gonadotropin preparations are                                    
                  commercially available.  For example, compositions                                     
                  containing naturally derived human menopausal gonadotropin                             
                  ("HMG") and naturally derived human chorionic gonadotropin                             
                  ("HCG") are available as freeze-dried preparations under the                           
                  trade designations "Humegon" and "Pregnyl," respectively,                              
                  from Organon International, bv of Oss, NL.  Pregnant mare                              
                  gonadotropin is also available in freeze dried form from the                           
                  same company.                                                                          
                        A bulking agent, e.g., mannitol, is added to these                               
                  preparation before lyophilization.  They do not require the                            
                  addition of a stabilizer to ensure an adequate shelf-life.                             
                  Evidently whatever natural contaminants remain after the                               
                  purification process act to stabilize the preparations in                              
                  freeze-dried form.                                                                     
                        Recently however, with the advent of more effective                              
                  production and purification techniques, preparations of                                
                  certain very pure gonadotropins are insufficiently stable.                             
                  They degrade in a relatively short time, losing activity.                              
                  In order to prevent or slow down this degradation, attempts                            
                  were made to freeze-dry (lyophilize) the preparations.                                 
                  Lyophilization has only been partially successful however.                             
                        A need exists for a gonadotropin containing                                      
                  pharmaceutical preparation which is stable over a sufficient                           
                  long period of time for the product to be manufactured,                                
                  shipped, and stored prior to use.  The need is especially                              


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