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(영문) 특허법원 2019.06.27 2018허9329

거절결정(특)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s title of the invention claimed in the instant case (Evidence A2 and 10) 1: B2: the date of international filing/priority claim/application number: C/D3 of September 23, 2008 (amended by December 16, 2016) 【 Claim 1】 A’s pharmaceutical composition for achieving continuous exposure to SN-38 by administering a clinack in the clinacs into the clinacs, and is a pharmaceutical composition for achieving continuous exposure to the PN-38 of the invention in the instant case. The following structural formula includes electric medicine corresponding to structural formula (I) or salt that is permissible in the pharmaceutical science of the c/D3 of September 23, 2008 (hereinafter “entent 1”).

(2) As to the composition of medicine for the treatment of fluid cancer (hereinafter referred to as “contributent 2”).

(i)the treatment quantity of the above pharmaceutical products is administered in cryer by non-speed medication method to the pathogen of petomics with crypam cancer (hereinafter referred to as “entent 3”).

(i) The above non-speed medication method shall include the phase by which the above pharmaceutical products are administered not more than once every seven days for two or more medications (hereinafter referred to as “entent 4”).

(ii) for at least 21 days of medication, maintain SN-38 at a sustainable level of treatment exceeding 0.5ng/ml in the blood organ of the laboratory, and SN-38 is a compound with the following structure (hereinafter referred to as 'content 5');

) Humans and pharmaceutical products: (a) inventions referred to in Paragraph 1 of this case (hereinafter “instant Claim 1”) and the remainder of claims are identical in the same manner; and (b) the entire invention of this case is referred to as “the invention of this case” if all of the inventions in

2) In the case of Paragraph 1, 2 of Paragraph 1, 2 of this Article, the method of medication is a pharmaceutical composition that includes the phase of administering the pharmaceutical composition once every 21 day. 【Claim 3' as a pharmaceutical composition to achieve the extended treatment efficacy, which is the following structural formula (I): the structural formula (I) is a pharmaceutical composition for the gene cancer treatment including the electrical medicine falling under I or its pharmaceutically acceptable salt, and is the above pharmaceutical science.