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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`Applicant Harold Kohn
`
`Serial No 08/8 18688
`
`Filed March 17 1997
`
`Reissue of Patent No 5773475
`
`For ANTICONVULSANT
`ENANTIOMERIC
`AMINO ACID DERIVATIVES
`
`Assistant Commissioner for Patents
`Washington DC 20231
`
`Examiner
`
`Kumar
`
`Art Unit 1209
`
`Docket REI-10030
`
`Issued June 30 1998
`
`DECLARATION IN SUPPORT OF REISSUE
`DECLARATION UNDER 37 C.F.R 1.175
`
`Sir
`
`Harold Kohn declare and state as follows
`
`am citizen of the United States with my post office address and
`
`citizenship being stated hereinbelow next to my name
`
`have moved since the filing of the
`
`underlying application that matured into U.S Patent No 5773475
`
`am the sole inventor of the subject matter which is described and claimed
`
`in U.S Patent No 5773475 475 patent and described and claimed in the above-identified
`
`reissue application
`
`do not believe that the subject matter described and claimed in the 475
`
`patent or the reissue application was ever known or used in the United States before my
`
`invention thereof
`
`H\work\030\10030\MI5C\REIIOO3O.Kohndec.dOc
`
`MYLAN - EXHIBIT 1026
`
`

`
`believe that
`
`am the original and first
`
`inventor of the subject matter
`
`which is claimed in the 475 patent and in the above-identified
`
`reissue application for which
`
`reissue patent is sought
`
`have reviewed and understand the contents of the specification and
`
`claims of the 475 patent and the specification and claims of the above-identified
`
`reissue
`
`application
`
`The 475 patent is directed in part to
`
`compound in the
`
`configuration
`
`having the formula
`
`Ar-CH2NC-C-N-C-Q1
`
`oH2
`
`wherein
`
`Ar is phenyl which is unsubstituted or substituted with at least one halo group
`
`is lower alkoxy and
`
`Qi
`
`is methyl
`
`It
`
`is also directed in part to method of treating central nervous system disorders
`
`in an animal comprising administering to said animal in need thereof an anti-convulsant
`
`effective
`
`amount of said compound
`
`believe that the 475 patent is partly inoperative by reason of the patentee
`
`claiming less than the patentee had the right to claim in the patent
`
`All errors which are being corrected in the present reissue application up to the
`
`filing of this Declaration arose without any deceptive intention on my part
`
`H\work\030\10030\MISC\REII
`
`0030.Kohn.dec.doc
`
`

`
`The error being corrected is the perfection of the claim of priority for
`
`provisional application in which the claim of priority was made during the pendency of the
`
`underlying application for the 475 patent
`
`10 Attached hereto as Exhibit
`
`is
`
`true and accurate copy of the provisional
`
`application that was filed on March 15 1996 It was given Serial Number U.S.S.N 60/013522
`
`11 It was directed among other things to
`
`compound in the
`
`configuration
`
`having the formula
`
`Ar-CH2NC-C-N-C-Q1
`
`OH2
`
`wherein
`
`Ar is phenyl which is unsubstituted or substituted with at least one halo group
`
`is
`
`lower alkoxy and
`
`Qiis methyl
`
`The application was also directed among other things to method of treating
`
`central nervous system disorders in an animal which comprises administering to said animal in
`
`need thereof an anti-convulsant
`
`effective amount of the compound of Formula
`
`12 The subject matter in Paragraph 11 is described and claimed in the 475
`
`patent
`
`13 An application based on the subject matter of the provisional application was
`
`filed in the United States Patent and Trademark Office on March 17 1997 and it was assigned
`
`Serial No U.S.S.N 818688
`
`H\work\030\10030\MISC\REI1
`
`0030.Kohn.dec.doc
`
`

`
`14
`
`Upon information and belief March 15 1997 was
`
`Saturday and the first
`
`business day after the anniversary date of the filing of the provisional appication was March 17
`
`1997
`
`15
`
`The application as originally filed containing the following sentence
`
`This application claims priority from U.S Provisional Application No
`
`60/013522 filed March 15 1996
`
`true and accurate copy of the first page of the U.S.S.N
`
`818688 is attached hereto as Exhibit
`
`16
`
`As further evidence that
`
`statement containing the reference to the earlier
`
`filed application was provided in the application that was originally filed enclosed is
`
`copy of
`
`the original filing receipt attached hereto as Exhibit
`
`wherein it
`
`is printed thereon that the
`
`present application is claiming priority of provisional application No 60/0 13522
`
`17
`
`Upon information and belief it
`
`is my understanding of the American
`
`Inventors Protection Act which was recently passed that if the anniversary date of the filing of
`
`the provisional application falls on Saturday Sunday or Federal Holiday within the District of
`
`Columbia the period of pendency of the provisional application shall be extended to the next
`
`succeeding secular or business day
`
`18
`
`Upon information and belief it
`
`is also my understanding that this
`
`provision is applicable to any application that was filed on or after June
`
`1995 with the
`
`exception of patent which is the subject of litigation in an action commenced before November
`
`29 1999
`
`June
`
`1995
`
`19 The filing of the underlying application for the 475 patent is subsequent to
`
`H\work\030\10030\MISC\REIIOO3O.Kohn.dec.doc
`
`

`
`20
`
`Although U.S Patent No 5773475 has issued the specific reference to
`
`the earlier filed application was submitted during the pendency of the above-identified
`
`application
`
`21
`
`Accordingly
`
`hereby claim priority under 35 U.S.C 119e of U.S.S.N
`
`60/013522 filed on March 15 1996
`
`22
`
`Attached hereto as Exhibit
`
`is Declaration for the above-identified
`
`application in which the claim of priority to the provisional application is included
`
`23
`
`acknowledge the duty to disclose information which is material to the
`
`examination of this application in accordance with 37 C.F.R 1.56
`
`24
`
`hereby appoint
`
`the following attorneys andlor agents to prosecute this
`
`application and to transact all business in the Patent and Trademark Office connected
`
`therewith
`
`Leopold Presser Reg No 19827 William Roch Reg No 24972 Kenneth
`
`King Reg
`
`No 24223 Frank
`
`DiGiglio Reg No 31346 Paul
`
`Esatto Jr Reg No 30749 John
`
`Sensny Reg No 28757 Mark
`
`Cohen Reg No 32211 Richard
`
`Catania Reg No 32608
`
`Edward Grolz Reg No 33705 and Steve Fischman Reg No 34594
`
`Address all
`
`telephone calls to Leopold Presser
`
`at telephone number 516 742-4343
`
`Address all correspondence to Leopold Presser Esq
`Scully Scott Murphy
`400 Garden City Plaza
`Garden City NY 11530
`
`Presser
`
`25
`
`hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true and further
`
`H\work\O3O\1OO3O\MISCRE11
`
`0030.Kohn.dec.doc
`
`

`
`that these statements were made with the knowledge that willful
`
`false statements and the like so
`
`made are punishable by fine or imprisonment or both under section 1001 of Title 18 of the
`
`United States Code and that such willful
`
`false statements may jeopardize the validity of the
`
`application or any patent issued thereon
`
`Dated_____________
`
`Harold Kohn
`
`Citizenship United States
`Residence Chapel Hill NC
`Post Office Address 705 Wellington Drive
`Chapel Hill NC 27514
`
`H\work\030\10030\MISC\REIIOO3O.Kohn.dec.doc

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