KUNDU et al v. RAGUNATHAN et al - Page 8




                Interference No. 104,843                                                                       Paper 51                  
                Kundu v. Ragunathan                                                                              Page 8                  
                        embodiment [2001 at 8], but Kundu does not say so.  PLURONIC® F127 is also listed as                             
                        a preferred wetting agent [2001 at 10].                                                                          
                [16.7] Manufacturing reproducibility.  Alpharma produced a large (159.4 kg) batch to determine                           
                        reproducibility of a variant (one-pot) manufacturing process using docusate sodium                               
                        [0030].  A one-pot method of making is discussed in Kundu’s specification [2001 at 16-                           
                        17 and 22-23].                                                                                                   
                [16.8] Placebo testing.  Alpharma produced 500 kg batches of "placebo" [0029].  Alpharma’s                               
                        placebo was the formulation without the active ingredient.  The purpose of these batches                         
                        was to test the manufacturing process and optimize mixer speed [2003, ¶34].  Kundu                               
                        discloses high and low shear mixing generally in its specification [2001 at 16], but does                        
                        not appear to provide any insights gleaned from this testing.                                                    
                [16.9] Preservative tests.  Alpharma prepared docusate sodium and MYRJ® 52 formulations to                               
                        test the preservative effectiveness [0029] & [0032].  Kundu discloses the use of                                 
                        antimicrobial agents and preservatives, particularly sodium benzoate, in its specification                       
                        [2001 at 14].                                                                                                    
                [16.10] Clinical testing.  In the second half of 1999, Alpharma conducted clinical testing of                            
                        docusate sodium formulations with different floc sizes and prepared a final report [0040].                       
                        According to Dr. Capella [2003, ¶45], this study suggested that the two-pot method was                           
                        most suitable for further clinical analysis (Paper 31 at 19).  Kundu discloses that the two-                     
                        pot formulation "was particularly well suited for further clinical evaluation" [2001 at 24].                     









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