`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CASE PAT030731-US-CNT03
`CASE PAT030731-US-CNT03
`
`ART UNIT: 1624
`ART UNIT: 1624
`
`EXAMINER: KIFLE, BRUCK
`EXAMINER: KIFLE, BRUCK
`CONF. NO.: 7112
`CONF. NO.: 7112
`
`IN RE APPLICATION OF
`IN REAPPLICATION OF
`NAVARRO, FRANCOIS ET AL.
`NAVARRO, FRANCOIS ET AL.
`APPLICATION NO: 12/497728
`APPLICATION NO: 12/497728
`
`FILED: JULY 06, 2009
`FILED: JULY 06, 2009
`FOR: MACROLIDES
`FOR: MACROLIDES
`
`MS: Issue Fee
`MS: Issue Fee
`Commissioner for Patents
`Commissioner for Patents
`PO Box 1450
`PO Box 1450
`Alexandria, VA 22313-1450
`Alexandria, VA 22313-1450
`
`AMENDMENT AFTER ALLOWANCE UNDER 37 CFR §1.312(a)
`AMENDMENT AFTER ALLOWANCE UNDER 37 CFR §1.312(a)
`
`Sir:
`Sir:
`
`This Amendment is submitted in response to the Office communication mailed February
`This Amendment is submitted in response to the Office communication mailed February
`
`3,2010.
`3, 2010.
`
`Amendments to the Claims are reflected in the listing of the claims which begins on
`Amendments to the Claims are reflected in the listing of the claims which begins on
`page 2 of this paper.
`page 2 of this paper.
`
`Remarks/Arguments begin on page 3 of this paper.
`Remarks/Arguments begin on page 3 of this paper.
`
`6
`
`
`
`Amendments to the Claims:
`Amendments to the Claims:
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`application:
`
`Listing of Claims:
`Listing of Claims:
`
`Claim 1. (Original): A solid mixture comprising 40-0-(2-hydroxy)ethyl-rapamycin and 2,6-di-tert(cid:173)
`Claim 1. (Original): A solid mixture comprising 40-0-(2-hydroxy)ethyl-rapamycin and 2,6-di-tert(cid:173)
`
`butyl-4-methylphenol (BHT).
`butyl-4-methylphenol {BHT).
`
`Claim 2. (Original): A mixture according to claim 1, wherein said 2.6-di-tert-butyl-4-
`Claim 2. {Original): A mixture according to claim 1, wherein said 2,6-di-tert-butyl-4-
`
`methyl phenol (BHT) is present in a catalytic amount.
`methylphenol (BHT) is present in a catalytic amount.
`
`Claim 3. (New): A pharmaceutical composition comprising the solid mixture of claim 1 together
`Claim 3. (New): A pharmaceutical composition comprising the solid mixture of claim 1 together
`
`with one or more pharmaceutically acceptable diluent or carrier.
`with one or more pharmaceutically acceptable diluent or carrier.
`
`-2-
`-2-
`
`7
`
`
`
`Remarks/Arguments
`Remarks/Arguments
`
`Applicants wish to thank the Office and Examiner Kifle for the Response to Rule 312
`Applicants wish to thank the Office and Examiner Kifle for the Response to Rule 312
`communication mailed February 3, 2010. Applicants provide the instant amendment after
`communication mailed February 3, 2010. Applicants provide the instant amendment after
`allowance in order to add a new dependent pharmaceutical composition claim (new claim 3) in
`allowance in order to add a new dependent pharmaceutical composition claim (new claim 3) in
`the form suggested by Examiner Kifle in the Response to Rule 312 communication. This claim
`the form suggested by Examiner Kifle in the Response to Rule 312 communication. This claim
`finds support in the originally filed application at page 4. Therefore, no new matter has been
`finds support in the originally filed application at page 4. Therefore, no new matter has been
`
`added by way of this amendment.
`added by way of this amendment.
`
`Novartis Pharmaceuticals Corporation
`Novartis Pharmaceuticals Corporation
`One Health Plaza, Bldg. 101
`One Health Plaza, Bldg. 101
`East Hanover, NJ 07936
`East Hanover, NJ 07936
`(862) 778-9308
`(862) 778-9308
`
`Date: 1{r?(o
`Date: 1'7(0
`
`L S Ie Fisc er
`L s 1e Fisc er
`Attorney for Applicant
`Attorney for Applicant
`Reg. No. 58,393
`Reg. No. 58,393
`
`-3-
`-3-
`
`8
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