Merck Interviews Examiner for SINGULAIR®

Scott Daniels | October 15, 2009

As we reported September 3, the PTO has rejected certain claims of Merck’s U.S. Patent No. 5,565,473 for SINGULAIR®.

Merck has now interviewed the examiner, indicating that it intends (1) to file a terminal disclaimer to deal with the double patenting rejection, and (2) to submit a declaration describing comparative experimental data to deal with the obviousness rejection.

This case illustrates one disadvantage of ex parte reexamination for requesters – the patentee may interview the examiner, whereas in inter partes reexamination, the patentee may not.

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