"FORM PTO-1390
`(R©v. 12-2001)
`
`U.S. DEPARTME~NT,..qF COMMERCE PATENT AND TRADEMARK OFF1CE
`.~-~
`
`NOV 200,
`
`Dt07 Rec’d PCT!PTO !
`Attorney’s Docket Number
`TIP-0~033-US
`U.S. ~-pplication No. (if known, see 37 CFR 1.5)
`
`TRANSMITTAL LETTER TO THE U~NITED STA, TES
`DESIGNATED/ELECTED OFFICE (DO/EO/US)
`CONCERNING A FILING UNDER 35 U.S.C. 371
`International Application No.
`International Filing Date
`PCT/EP03/50176
`16 May 2003
`Title of Invention
`PSEUDOPOLYMORPHIC FORMS OF A HIV PROTEASE INHIBITOR
`Applicant(s) for DO/EO/US
`Hans Wim Pieter VERMEERSCH, Daniel Joseph Christiaan THONE, Luc Donne Marie-Louise JANSSENS
`
`¯ zO/SI 352
`
`Priority Date Claimed
`16 May 2002
`
`Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information:
`
`I.
`
`2.
`
`3.
`
`4.
`
`[] This is a FIRST submission of items concerning a filing under 35 U.S.C. 371.
`
`[] This is a SECOND or SUBSEQUENT submission of items concerning a filing under 35 U.S.C. 371.
`
`[] This is an express request to begin national examination procedures (35 U.S.C. 371(0). The submision must include items (5), (6),
`(9) and (21) indicated below.
`
`[] The US has been elected by the expiration of 19 months from the priority date (Article 31 ).
`
`[] A copy of the International Application as filed (35 U.S.C. 371(c)(2))
`a. [] is attached hereto (required only if not communicated by the International Bureau), as well as the
`Published ~Application No. WO 03/106461 A2
`b. [] has been communicated by the International Bureau.
`c. [] is not required, as the application was filed in the United States Receiving Office (RO/US).
`
`[] An English language translation of the International Application as filed (35 U.S.C. 371 (c)(2)).
`a. [] is attached hereto.
`b. [] has been previously submitted under 35 U.S.C. 154(d)(4).
`
`[] Amendments to the claims of the International Application under PCT Article 19 (35 U.S.C. 371(c)(3))
`a. [] are attached hereto (required only if not communicatedby the International Bureau).
`b. [] have been communicated by the International Bureau.
`c. [] have not been made; however, the time limit for making such amendments has NOT expired.
`d. [] have not been made and will not be made.
`
`8.
`
`[] An English language translation of the amendments to the claims under PCT Article 19 (35 U.S.C. 371 (c)(3)).
`
`9.
`
`[] An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)) has been filed in the PCT Request (Rule 4.17 (iv)).
`
`10. [] An English language translation of the annexes of the International Preliminary Examination Report under PCT Article 36 (35
`U.S.C. 371(c)(5)).
`
`Items 11 to 20 below concern document(s) or information included:
`
`I 1. [] An Information Disclosure Statement under 37 CFR 1.97 and 1.98.
`
`12. [] An assignment document for recording. A separate cover sheet in compliance with 37 CFR 3.28 and 3.31 is included.
`
`13. [] A FIRST preliminary amendment.
`
`14. [] A SECOND or SUBSEQUENT preliminary amendment.
`
`5. [] A substitute specification.
`
`6. [] A change of power of attorney and/or address letter.
`
`7. [] A computer-readable form of the sequence listing in accordance with PCT Rule 13ter.2 and 35 U.S.C. 1.821 - 1.825.
`
`8. [] A second copy of the publishbd international application under 35 U.S.C. 154(d)(4).
`
`19. [] A second copy of the English language translation of the international application under 35 U.S.C. 154(d)(4).
`
`20. [] Other items or information:
`
`Figs. 1-26, Certificate Under 37 CFR 3.73 (b),
`Power of Attorney of Assignee, Copy of Assignment,
`and Express Mail Certificate
`
`~age 1 of 2(REV. 1-98)
`
`Lupin Ex. 1047 (Page 1 of 3)
`
`

`

`17. [] T~e following e~ees are submitted:
`BASIC NATIONAL FEE (37 CFR 1.492 (a) (1) - (5)):
`
`Neither international preliminary examination fee (37 CFR 1.482)
`nor international search fee (37 CFR 1.445(a)(2)) paid to USPTO
`and International Search Report not prepared by the EPO or JPO
`
`International preliminary examination fee (37 CFR 1.482) not paid to
`USPTO but International Search Report prepared by the EPO or JPO
`
`International preliminary examination fee (37 CFR 1.482) not paid to
`USPTO but international search fee (37 CFR 1.455(a)(2)) paid to USPTO
`
`International preliminary examination fee (37 CFR 1.482) paid to
`USPTO but all claims did not satisfy provisions of PCT Article 33(1)-(4)
`
`International preliminary examination fee (37 CFR 1.482) paid to
`USPTO and all claims satisfied provisions of PCT Article 33(1)-(4)
`
`ENTER APPROPRIATE BASIC FEE AMOUNT
`Surcharge of $130.00 for furnishing the oath or declaration later than [] 20
`months from the earliest claimed priority date (37 CFR 1.492(e)).
`Claims
`Number Filed
`Number Extra
`13-20 =
`0
`Total Claims
`1-3 =
`0
`Independent
`Claims
`Multiple Dependent Claim(s) (if applicable)
`
`Rate
`x $ 18.00
`x $ 86.00
`
`+ $290.00
`
`TOTAL OF ABOVE CALCULATIONS
`[] Applicant claims small entity status. See 37 CFR 1.27. The fees indicated
`above are reduced by ½
`
`+
`=
`SUBTOTAL
`Processing fee of $130.00 for furnishing the English translation later than [] 20 [] 30
`months from the earliest claimed priority date (37 CFR 1.492(0) .
`=
`TOTAL NATIONAL FEE
`Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be
`accompanied by an appropriate cover sheet (37 CFR 3.28, 3.31). $40.00 per property +
`TOTAL FEES ENCLOSED
`
`$1080.00
`
`$ 920.00
`
`$ 770.00
`
`$ 730.00
`
`$100.00
`
`[] 30
`
`=
`
`Ree’d pb’T/Fl’O 12 NOV 2004
`
`Attorney’s Docket Number
`TIP-0033 US
`
`CALCULATIONS PTO USE
`ONLY
`
`$ 920.00
`
`$
`$
`$ 0.00
`$ 0.00
`
`$
`$920.00
`$
`
`$ 920.00
`$
`
`$ 920.00
`
`$ 920.00
`Amount to be
`refunded:
`charged:
`
`$
`$ 920.00
`
`a. [] A check in the amount of $
`
`to cover the above fees is enclosed.
`
`b. [] Please charge my Deposit Account No. lO-0750/TIP-OO33-US/AGK in the amount of $920.00 to cover the above
`fees. A duplicate copy of this sheet is ~nclosed. " ..... "
`
`c. [] The Commissioner is hereby authorized to charge any additional fees which may be required, or credit any
`overpayment to Deposit Account No. 10-0750/TIP-0033-US/AGK. A duplicate copy of this sheet is enclosed.
`
`NOTE: Where an appropriate time limit under 37 CFR 1.494 or 1.495 has not been.met, a petition to revive (37 CFR
`1.137 (a) or (b)) must be filed and granted to restore the application to pending status.
`
`SEND ALL CORRESPONDENCE TO:
`Philip S. Johnson, Esq.
`Johnson & Johnson
`One Johnson & Johnson Plaza
`New Brunswick, NJ 08933-7003
`USA
`
`Signature
`
`Alana G. Kriegsman
`Name
`
`41,747
`Registration Number
`
`Lupin Ex. 1047 (Page 2 of 3)
`
`

`

`
`
` Rec’d PGT/PT0 i2 NOV 2004
`
`Express Mail Label No. EV 488 942 149 US
`Docket No. TIP-0033-US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicants:
`
`VERMEERSCH, Hans Wim Pieter et al.
`
`For:
`
`PSEUDOPOLYMORPHIC FORMS OF A HIV PROTEASE INHIBITOR
`
`Express Mail Certificate
`
`"Express Mail" mailing number:
`
`EV 488 942 149 US
`
`Date of Deposit:
`
`November 12, 2004
`
`I hereby certify that this entry into the National Phase pursuant to 35 USO371 contains
`complete application:
`
`[]
`[]
`[]
`[]
`[]
`[]
`[]
`[]
`
`Express Mail Certificate
`Return Receipt Postcard
`PCT FORM 1390 Transmittal
`Copy of Intemational Application as filed
`Informal Drawings
`Power of Attorney
`Certificate under 37 CFR 3.73(b)
`Preliminary Amendment
`
`(1 page)
`(1 page)
`(2 pages & 2 copies of same)
`(41 pages)
`(18 Sheets)
`(1 page)
`(5 pages)
`(5 pages)
`
`is being deposited with the United States Postal Service "Express Mail Post Office to
`
`Addressee; service under 37 CFR 1.10 on the date indicated above is addressed to the Mail
`
`Stop: PCT, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450_
`
`(Typed or printed n_a,rne o_f p, erson tnailing paper or fee)
`
`(Si~ture of person mailing pdlper or fee)
`
`Lupin Ex. 1047 (Page 3 of 3)
`
`