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`PATENT
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`Applicant Harold Kohn
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`Serial No 08/8 18688
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`Filed March 17 1997
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`Reissue of Patent No 5773475
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`For ANTICONVULSANT
`ENANTIOMERIC
`AMINO ACID DERIVATIVES
`
`Assistant Commissioner for Patents
`Washington DC 20231
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`Examiner
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`Kumar
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`Art Unit 1209
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`Docket REI-10030
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`Issued June 30 1998
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`DECLARATION IN SUPPORT OF REISSUE
`DECLARATION UNDER 37 C.F.R 1.175
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`Sir
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`Harold Kohn declare and state as follows
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`am citizen of the United States with my post office address and
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`citizenship being stated hereinbelow next to my name
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`have moved since the filing of the
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`underlying application that matured into U.S Patent No 5773475
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`am the sole inventor of the subject matter which is described and claimed
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`in U.S Patent No 5773475 475 patent and described and claimed in the above-identified
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`reissue application
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`do not believe that the subject matter described and claimed in the 475
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`patent or the reissue application was ever known or used in the United States before my
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`invention thereof
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`MYLAN - EXHIBIT 1026
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`believe that
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`am the original and first
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`inventor of the subject matter
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`which is claimed in the 475 patent and in the above-identified
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`reissue application for which
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`reissue patent is sought
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`have reviewed and understand the contents of the specification and
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`claims of the 475 patent and the specification and claims of the above-identified
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`reissue
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`application
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`The 475 patent is directed in part to
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`compound in the
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`configuration
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`having the formula
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`Ar-CH2NC-C-N-C-Q1
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`oH2
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`wherein
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`Ar is phenyl which is unsubstituted or substituted with at least one halo group
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`is lower alkoxy and
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`Qi
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`is methyl
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`It
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`is also directed in part to method of treating central nervous system disorders
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`in an animal comprising administering to said animal in need thereof an anti-convulsant
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`effective
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`amount of said compound
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`believe that the 475 patent is partly inoperative by reason of the patentee
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`claiming less than the patentee had the right to claim in the patent
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`All errors which are being corrected in the present reissue application up to the
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`filing of this Declaration arose without any deceptive intention on my part
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`The error being corrected is the perfection of the claim of priority for
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`provisional application in which the claim of priority was made during the pendency of the
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`underlying application for the 475 patent
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`10 Attached hereto as Exhibit
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`is
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`true and accurate copy of the provisional
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`application that was filed on March 15 1996 It was given Serial Number U.S.S.N 60/013522
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`11 It was directed among other things to
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`compound in the
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`configuration
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`having the formula
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`Ar-CH2NC-C-N-C-Q1
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`OH2
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`wherein
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`Ar is phenyl which is unsubstituted or substituted with at least one halo group
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`is
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`lower alkoxy and
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`Qiis methyl
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`The application was also directed among other things to method of treating
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`central nervous system disorders in an animal which comprises administering to said animal in
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`need thereof an anti-convulsant
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`effective amount of the compound of Formula
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`12 The subject matter in Paragraph 11 is described and claimed in the 475
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`patent
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`13 An application based on the subject matter of the provisional application was
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`filed in the United States Patent and Trademark Office on March 17 1997 and it was assigned
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`Serial No U.S.S.N 818688
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`14
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`Upon information and belief March 15 1997 was
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`Saturday and the first
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`business day after the anniversary date of the filing of the provisional appication was March 17
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`1997
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`15
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`The application as originally filed containing the following sentence
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`This application claims priority from U.S Provisional Application No
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`60/013522 filed March 15 1996
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`true and accurate copy of the first page of the U.S.S.N
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`818688 is attached hereto as Exhibit
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`16
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`As further evidence that
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`statement containing the reference to the earlier
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`filed application was provided in the application that was originally filed enclosed is
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`copy of
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`the original filing receipt attached hereto as Exhibit
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`wherein it
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`is printed thereon that the
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`present application is claiming priority of provisional application No 60/0 13522
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`17
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`Upon information and belief it
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`is my understanding of the American
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`Inventors Protection Act which was recently passed that if the anniversary date of the filing of
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`the provisional application falls on Saturday Sunday or Federal Holiday within the District of
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`Columbia the period of pendency of the provisional application shall be extended to the next
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`succeeding secular or business day
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`18
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`Upon information and belief it
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`is also my understanding that this
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`provision is applicable to any application that was filed on or after June
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`1995 with the
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`exception of patent which is the subject of litigation in an action commenced before November
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`29 1999
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`June
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`1995
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`19 The filing of the underlying application for the 475 patent is subsequent to
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`20
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`Although U.S Patent No 5773475 has issued the specific reference to
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`the earlier filed application was submitted during the pendency of the above-identified
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`application
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`21
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`Accordingly
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`hereby claim priority under 35 U.S.C 119e of U.S.S.N
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`60/013522 filed on March 15 1996
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`22
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`Attached hereto as Exhibit
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`is Declaration for the above-identified
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`application in which the claim of priority to the provisional application is included
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`23
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`acknowledge the duty to disclose information which is material to the
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`examination of this application in accordance with 37 C.F.R 1.56
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`24
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`hereby appoint
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`the following attorneys andlor agents to prosecute this
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`application and to transact all business in the Patent and Trademark Office connected
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`therewith
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`Leopold Presser Reg No 19827 William Roch Reg No 24972 Kenneth
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`King Reg
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`No 24223 Frank
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`DiGiglio Reg No 31346 Paul
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`Esatto Jr Reg No 30749 John
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`Sensny Reg No 28757 Mark
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`Cohen Reg No 32211 Richard
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`Catania Reg No 32608
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`Edward Grolz Reg No 33705 and Steve Fischman Reg No 34594
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`Address all
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`telephone calls to Leopold Presser
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`at telephone number 516 742-4343
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`Address all correspondence to Leopold Presser Esq
`Scully Scott Murphy
`400 Garden City Plaza
`Garden City NY 11530
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`Presser
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`25
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`hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true and further
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`that these statements were made with the knowledge that willful
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`false statements and the like so
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`made are punishable by fine or imprisonment or both under section 1001 of Title 18 of the
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`United States Code and that such willful
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`false statements may jeopardize the validity of the
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`application or any patent issued thereon
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`Dated_____________
`
`Harold Kohn
`
`Citizenship United States
`Residence Chapel Hill NC
`Post Office Address 705 Wellington Drive
`Chapel Hill NC 27514
`
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