If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

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The second question focuses on the 90 Day Waiting Period Limitation.

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Novartis argues that even if the 180-day limitation stands, that period should run from Jan. 21, the day the USPTO said it would not challenge the Wyeth decision, or the date of the decision itself.

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While there is no legal limitation on a government during an election period the legal consideration is not the central consi deration.

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That raises the issue of which employees should be included for purposes of the waiting period and how the 90-day limitation should be calculated.

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