`
`CASE PAT030731-US-CNT03
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`ART UNIT: 1624
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`EXAMINER: KIFLE, BRUCK
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`CONF. NO.: 7112
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`IN REAPPLICATION OF
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`NAVARRO, FRAN<;OIS ET AL.
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`APPLICATION NO: 12/497728
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`FILED: JULY 06, 2009
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`FOR: MACROLIDES
`
`MS: Issue Fee
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT AFTER ALLOWANCE UNDER 37 CFR §1.312(a)
`
`Sir:
`
`2010.
`
`This Amendment is submitted in response to the Notice of Allowance mailed January 13,
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`Amendments to the Claims are reflected in the listing of the claims which begins on
`
`page 2 of this paper.
`
`Remarks/Arguments begin on page 3 of this paper.
`
`1
`
`
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`Amendments to the Claims:
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
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`Listing of Claims:
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`Claim 1. (Original): A solid mixture comprising 40-0-(2-hydroxy)ethyl-rapamycin and 2,6-di-tert(cid:173)
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`butyl-4-methylphenol (BHT).
`
`Claim 2. (Original): A mixture according to claim 1, wherein said 2,6-di-tert-butyl-4-
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`methylphenol (BHT) is present in a catalytic amount.
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`Claim 3. (New): A pharmaceutical composition comprising the solid mixture of claim 1.
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`-2-
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`2
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`
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`Remarks/Arguments
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`Applicants wish to thank the Office and Examiner Kifle for the Notice of Allowance mailed
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`January 13, 2010. Applicants provide the instant amendment after allowance in order to add a
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`new dependent pharmaceutical composition claim (new claim 3). This claim finds support in the
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`originally filed application at page 4. Therefore, no new matter has been added by way of this
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`amendment.
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`New claim 3 should have been filed along with the original (and allowed) claims 1-2.
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`However, due to Applicants oversight, only claims 1-2 were presented. Applicants apologize for
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`the inconvenience to the Office.
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`Novartis Pharmaceuticals Corporation
`One Health Plaza, Bldg. 101
`East Hanover, NJ 07936
`(862) 778-9308
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`Date: 1/u /l o
`
`eslie Fischer
`Attorney for Applicant
`Reg. No. 58,393
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`-3-
`
`3
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