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Case 1:04-cv—00833-KAJ Document 243-8 Filed 06/19/2006 Page1 0f2

Case 1:04-cv—00833-KAJ Document 243-8 Filed 06/19/2006 Page 2 of 2
MCDONNELL BOEHNEN HULBERT & BERGHOFF, LTD. l
300 South Wacker Drive, 7"‘ Floor
Chicago, Illinois 60606
Telephone Number Telecopier Number
(312} 913-OOO] (312) .913-0002
November 27, 1996
Re: Doxorubicin Patent Applications
TO: R. Mctelli FROM: Daniel A. Boehncn
Firm: Phaimacia & Upjohn, S.p.A. Ref No.; 005.001
Fax No.; 01 1-39-2-483 8-5397 No. of Pages (incl. this page): /
ivmssAcE;
Dear Dr. Metelli:
D We have discussed the situation of the pending doxorubicin patent application with Patent
Q Examiner Peselev. Basically, she has reviewed the many new prior art references that we
recently submitted, and she intends to issue a new Oflice Action this week. She expects to
· withdraw the previous ground of rejection based upon the arguments, amendments, and evidence
V that we submitted last summer. However, she is also inclined to issue a new ground of rejection
i based upon the new references.
i In particular, she noted that one of the references disclosed a doxorubicin solution having
i pH of 2.6, but she conceded that the pH was achieved by adjusting with a buffer rather than an
g acid solution. I noted that we felt that reference was merely cumulative to earlier art, and I
thought that Dr. Confalonieri had previously distinguished prior art adjusting the pH with buffer
rather than acid. She indicated that she would try to review this possibility before issuing the
Office Action, but it may be that we will need to respond and point out such information for her,.
In any event, we expect to receive her comments within a 1-2 weeks, and will contact you again
as soon as they are available.
truly yours,
é #*4/;,,
Daniel A. Boelmen
DB/cmh _ -
l Please noufv Chris Hernandez at (312) 913-2106 U all pages are not received- I I i l
This faxis strictly intended for delivery only to the person listed above. It- may contain D
confidential or privileged information whose disclosure of which is prohibited. If you have
received this fax in error, please call us (collect) to arrange for return of the document.
; PU 0095952