PART 8 - FEE(S) TRANSMITTAL
`o\P~
`Complete antfi.·e d this form, together with applicable fee(s), to: MID! Mail Stop ISSUE FEE
`'t
`Commissioner for Patents
`0 S 2Q04
`P.O. Box 1450
`f£8
`l:\-l
`Alexandria, Virginia 22313-1450
`(703) 746-4000
`Or Vnv
`. ..,
`.._.
`-~
`~
`.&:..B..\.
`~TRUCTIO~ is fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 4 should be completed where
`~Obriiler:~JI. pi her correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in~.!t.imeeifcorrected below or directed otherwise in Block I, by (a) specifYing a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Noto: Legibly mark·up with any correi:tions or use Block I)
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`pape~. Each add.itional pape~, such as an a~signment or fonnal drawing, must
`have 1ts own certificate of mathng or transmiSSIOn.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal S"ervice with sufficient postage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsim1le
`transmitted to the USPTO on the date indicated below
`Pamela Gavette ~
`UA.A. 1/,
`/~ A..
`/r
`:]. I /"" ,.. ...
`
`_(Depositots name)
`
`//)
`A 3, .,(()(>1,1
`I ATTORNEY WcKET NO. I CONFIRMATION NO.
`9446
`3118/IG804USI
`
`(Signature)
`
`(Dato)
`
`11/10/2003
`
`7590
`Janet Hasak, Esq.
`Genentech, Inc.
`Legal Department
`IDNAW ay
`South San Francisco, CA 94080-4990
`
`·,
`
`~
`
`\
`
`I
`
`APPLICATION NO.
`
`I
`
`10/000,655
`
`FILING DATE
`
`11/01/2001
`
`I
`
`FIRST NAMED INVENTOR
`
`Dana Andersen
`
`\· • I·
`
`~. I
`
`I
`
`TITLE OF INVENTION: METABOLIC RATE SHIFTS IN FERMENTATIONS EXPRESSING RECOMBINANT PROTEINS
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`
`NO
`
`EXAMINER
`
`SULLIVAN, DANIEL M
`
`ISSUE FEE
`
`$1330
`
`ART UNIT
`
`1636
`
`I
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$1630
`
`DATE DUE
`
`02/10/2004
`
`CLASS-SUBCLASS
`
`435·069100
`
`I. Change of correspondence address or indication of "Fee Address" (37
`CFR I.J63).
`
`0 Change of correspondence address (or Change of Correspondence
`Address fonn PTO/SB/ 122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication fonn
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list (I) the
`names of up to 3 registered patent attorneys or
`agents OR, alternatively, (2) the name of a single
`2 .
`finn (having as a member a registered attorney or
`agent) and the names of up to 2 registered patent - - - - - - - - - - - - -
`attorneys or agents. If no name is listed, no name
`will be printed.
`
`Janet E. Hasak
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified .below, no assignee data will appear on the patent. Inclusion of assignee data is only appropriate when an assignment has
`been previously submitted to the ·usPTO or is being submitted under separate cover. Completion of this fonn is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
`
`Genentech, Inc.
`
`Please check the appropriate assignee category or categories (will not be printed on the patent);
`4b. Payment of Fee(s):
`4a. The following fee(s) are enclosed:
`Xl Issue Fee
`0 A check in the amount of the fee(s) is enclosed.
`Xl Publication Fee
`0 Payment by credit card. Fonn PT0-2038 is attached.
`XI The Director is hereby authorized by charge the required fee(s), or credit any overpayment, to
`0 Advance Order- #of Copies---------
`Deposit Account Number Q] Qfi]Q
`(enclose an extra copy ofthts fonn).
`
`South San Francisco, CA
`i! corporation or other private group entity
`
`0 individual
`
`0 government
`
`Director for Patents is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above .
`
`. :Yr ~-=--~--------~-=----:-----r--------------
`""'~/'1 /.
`(At!JiiorizedSi~:-ture) II.
`I Janet E. Hasm.tte)
`/1' ~ ~ R ... o
`J / O'f
`f...H.
`111n
`?R .1\Hi
`OL
`'NOTE; The Issue Fee and Publication Fee (if required) will not be accepted ~rom anyone
`other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`This collection of infonnation is required by 37 CFR 1.311. The infonnation is required to
`obtain or retain a benefit b:y the public whtch is to file (and by the USPTO to process) an
`application. Confidentiality ts governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is
`estimated to take 12 minutes to complete, including gathering, preparing, and submitting the
`completed application fonn to the USPTO. Time w1ll vary depending upon the indivtdual
`case. Any comments on the amount of time you require to complete this fonn and/or
`suggestions for reducing this burden, should be sent to the Chief lnfonnation Officer, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, Alexandria, Virginia
`22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.
`SEND TO: Commissioner for Patents, Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a
`collection ofinfonnation unless it displays a valid OMB control number.
`
`02/10/2004 ~DAMTE2 00000039 070630
`1330.00 DA
`01 FC: 1501
`300.00 DA
`02 FC:1504
`
`10000655
`
`PTOL-85 (Rev. I 0/03) Approved for use through 04/30/2004.
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`TRANSMIT THIS FORM WITH FEE(S)
`
`BEQ 1004
`Page 1
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`U~ITED STATES DEPARTMENT Ot' COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. &x 1450
`Alexandrta, Virgima 22313·1450
`www.u.spto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`11/1012003
`
`7590
`Janet Hasak, Esq.
`Genentech, Inc.
`Legal Department
`I DNA Way
`South San Francisco, CA 94080-4990
`
`EXAMINER
`
`SULLIVAN, DANIEL M
`
`ART UNIT
`
`1636
`
`PAPER NUMBER
`
`DATE MAILED: I 1/10/2003
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/000,655
`
`11/01/2001
`
`Dana Andersen
`
`3118/IG804USI
`
`9446
`
`TITLE OF INVENTION: METABOLIC RATE SHIFTS IN FERMENTATIONS EXPRESSING RECOMBINANT PROTEINS
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisionai
`
`NO
`
`ISSUE FEE
`
`$1330
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$1630
`
`DATE DUE
`
`02110/2004
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION .QN .IRE MERITS !S. CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UP0:'\1
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT I!£ EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLY TO THIS NOTICE:
`
`L Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If the status is changed, pay the PUBLICATION FEE (if
`required) and twice the amount of the ISSUE FEE shown above
`and notify the United States Patent and Trademark Office of the
`change in status, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check the box below and enclose
`the PUBLICATION FEE and l/2 the ISSUE FEE shown above.
`0 Applicant claims SMALL ENTITY status.
`See 37 CFR 1.27.
`
`II. PART B- FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part 8 - Fee(s) Transmittal should be
`completed and an extra copy of the form should be submitted.
`
`Ill. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 10/03) Approved for use through 04/30/2004.
`
`Page I of 4
`
`BEQ 1004
`Page 2
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail
`
`:\~Jail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or .En
`(703) 746-4000
`INSTRUCTIONS: This fonn should be used for transmitting the ISSUE fEE and PUBLICATION FEE (if required). Blocks 1 through 4 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee noli fications.
`CURRENT CORRESPOND~NCE ADDRESS (Note: Legibly mark-up with any corm:tion> or use Block ll
`
`11/10/2003
`
`7590
`Janet Hasak, Esq.
`Genentech, Inc.
`Legal Department
`I DNA Way
`South San Francisco, CA 94080-4990
`
`Note: ~ certificate of mailing can only be used for domestic mailings of the
`Fec(s) f~ansmltlaL Thts certtficatc cannot be used for any other accompanying
`papers. Each addtttonal paper, such as an asstgnment or formal drawing, must
`have its own certificate of mailing or transmisston.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient p<>stage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimtle
`
`rMmi<«d <o .. USPTO, M ''"""' loodl~Ood bolow.
`
`(Siii"Oiur<)
`
`(Oat<)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONfiRMATION NO.
`
`101000,655
`
`111011200\
`
`Dana Andersen
`
`31\8/1G804US I
`
`9446
`
`TITLE OF INVENTION: METABOLIC RATE SHIFTS IN FERMENTATIONS EXPRESSING RECOMBINANT PROTEINS
`
`1\PPLN.TYPE
`
`nonprovisional
`
`SMALL ENTITY
`
`NO
`
`EXAMINER
`
`SULLIVAN, DANIEL M
`
`ISSUE FEE
`
`$1330
`
`ART UNIT
`
`1636
`
`PUI!LICA TION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`Sl630
`
`DI\TEDUE
`
`02/10/2004
`
`CLASS-SUBCLASS
`
`435-069100
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CfR 1.363).
`
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication fonn
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number Is required.
`
`2. For printing on the patent front page. list (I) the
`names of up to 3 registered patent attorneys or
`agents OR, alternatively, (2) the name of a single
`2
`firm (having as a member a registered anomey or
`agent) and the names of up to 2 registered patent - - - - - - - - - - - - -
`attorneys or agents. If no name is listed, no name
`will be printed.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below. no assignee data will appear on the patent. Inclusion of assignee data is only appropriate when an assignment has
`been previously submitted to the USPTO or is being submitted under separate cover. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee categoty or categories (will not be printed on the patent);
`4a. The following fee(s) are enclosed:
`4b. Payment of Fee(s ):
`0 A check in the amount of the fce(s) is enclosed.
`0 Issue Fee
`0 Payment by credit card. Fonn PT0-2038 is attached.
`0 Publication Fee
`0 The Director is hereby authorized by charge the required fec(s), or credit any overpayment, to
`Deposit Account Number
`(enclose an extra copy ofthts fonn).
`
`0 individual
`
`lJ corporation or other private group entity
`
`0 government
`
`0 Advance Order· II of Cop i e s - - - - - - - - -
`
`Director for Patents is requested to apply the Issue l'ee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`
`(Authorized Signarure)
`
`(Date)
`
`NOTE; The Issue Fcc and Publication Fee (if required) will not be accepted from anyone
`other than the applicant; a registered attorney or agent; or the assignee or other pany in
`interest as shown by the records of the United States Patent and Trademark Office.
`This collection of information is required by 37 CfR 1.311. The infonnation is required to
`obtain or retain a benefit by the public wh1ch is to file (and by the USPTO to process) an
`application. Confidentiality •s governed by 35 U.S.C, 122 and 37 CFR 1.14. This collection is
`estimated to take 12 minutes to complete, including gathering, preparing, and submitting the
`completed application form to the USPTO. Time w1ll vary depending upon the indiv1dual
`case. Any comments on the amount of time you require to complete this form and/or
`suggestions for reducing this burden, should be sent to the Chief lnfonnation Officer, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, Alexandria, Virginia
`22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.
`SEND TO: Commissioner for Patents, Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a
`collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 1 0/03) Approved for use through 04/30/2004.
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`TRANSMIT THIS FORM WITH FEE::(S)
`
`BEQ 1004
`Page 3
`
`

`
`.~-~ {It) UNITED STATES PATENT AND TRADEMARK OFFICE
`~~ .. ~
`
`UNITED STATES Df.PARTMENT Ot' COMMERCE
`United Stales Patent and Trademark Office
`Address COMMISSIONER FOR PATENTS
`P.O. llox 1450
`Alexandria, V1rg1flla 2231J.J450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`~-IRST NAMED INVENTOR
`
`A HORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/000,655
`
`11/01/2001
`
`Dana Andersen
`
`3118/1G804US1
`
`9446
`
`II/I 012003
`
`7590
`Janet Hasak, Esq.
`Genentech, Inc.
`Legal Department
`I DNA Way
`South San Francisco, CA 94080-4990
`
`EXAMINRR
`
`SULLIVAN, DANIEL M
`
`ART UNIT
`
`1636
`
`PAPER NUMBER
`
`DATE MAILED: 11/10/2003
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application lnformation Retrieval
`(PAIR) system (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (703) 305-1383. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at (703) 305-8283.
`
`PTOL-85 (Rev. 10/03) Approved for use through 04/30/2004.
`
`Page 3 of4
`
`BEQ 1004
`Page 4
`
`

`
`~·-~
`
`tf!!Jfif:!fr~,3 UNITED STATEs PATENT AND TRADEMARK OFFicE
`8
`
`U!'irn:o STATES DEPARTMENT OF COII-1:\tERCE
`United States Patent and Trademark Office
`Addn:»: COMMISSIONER FOR PATENTS
`P.O. Bo• 1450
`Alcxambia, Virginia 2231 )-\4SO
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONfiRMATION NO.
`
`10/000,655
`
`11/01/2001
`
`Dana Andersen
`
`3118/1G804US1
`
`9446
`
`11110/2003
`
`7590
`Janet Hasak, Esq.
`Genenlech, Inc.
`Legal Department
`I DNA Way
`South San Francisco, CA 94080-4990
`
`EXAMINER
`
`SULLIVAN, DANIEL M
`
`ART UNIT
`
`1636
`
`PAPER NUMBER
`
`DATE MAILED: 11/10/2003
`
`Notice of Fee Increase on October 1, 2003
`
`If a reply to a "Notice of Allowance and Fee(s) Due" is filed in the Office on or after October 1, 2003, then the
`amount due will be higher than that set forth in the "Notice of Allowance and Fee(s) Due" since there will be an
`increase in fees effective on October 1, 2003. See Revision of Patent~ for Fiscal mr 2004; Final Rule, 68 Fed.
`Reg. 41532,41533,41534 (July 14, 2003).
`
`The current fee schedule is accessible from (http://www.uspto.gov/mainlhowtofees.htm).
`
`If the fee paid is the amount shown on the "Notice of Allowance and Fee(s) Due" but not the correct amount in view
`of the fee increase, a "Notice of Pay Balance of Issue Fee" will be mailed to applicant. In order to avoid processing
`delays associated with mailing of a "Notice of Pay Balance of Issue Fee," if the response to the Notice of Allowance
`is to be filed on or after October l, 2003 (or mailed with a certificate of mailing on or after October l, 2003), the
`issue fee paid should be the fee that is required at the time the fee is paid. If the issue fee was previously paid, and the
`response to the "Notice of Allowance and Fee(s) Due" includes a request to apply a previously-paid issue fee to the
`issue fee now due, then the difference between the issue fee amount at the time the response is filed and the
`previously-paid issue fee should be paid. See Manual Q[ Patent Examining Procedure, Section 1308.01 (Eighth
`Edition, August 200 l ).
`
`Effective October 1, 2003, 37 CFR 1.18 is amended by revising paragraphs (a) through (c) to read as set forth below.
`
`Section 1.18 Patent post allowance (including issue) fees.
`
`(a) Issue fee for issuing each original or reissue patent,
`except a design or plant patent:
`By a small entity (Sec. 1.27(a)) ...................... $665.00
`By other than a small entity ......................... $1,330.00
`(b) Issue fee for issuing a design patent:
`By a small entity (Sec. l.27(a)) ...................... $240.00
`By other than a small entity ............................ $480.00
`(c) Issue fee for issuing a plant patent:
`By a small entity (Sec. 1.27(a)) ...................... $320.00
`By other than a small entity ............................ $640.00
`
`Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the
`Office of Patent Publication at (703) 305-8283.
`
`PTOL-85 (Rev. 10/03) Approved for use through 04/30/2004.
`
`Page 4 of4
`
`BEQ 1004
`Page 5
`
`

`
`~----- ----
`
`- - - - - -
`
`Notice of Al/owability
`
`-- --- ---l Applica-tion No.
`L 1 o;ooo .~ss _
`I Examiner
`
`------+ANDERSEN ET AL
`Art -Unit - - - - - - - - -
`
`--.
`
`r--- -- -----
`
`- - - - - - - -----
`
`_[ Daniel M Sulliva~ _
`
`11636
`
`- - - - - - - ' - - - - ______ L__ __ _
`
`!
`
`-- The MAILING DATE of this communication appears on th cover sheet with th correspondenc address--
`1 All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant See 37 CFR 1.313 and MPEP 1308.
`
`1 _ ~ This communication is responsive to the amendment filed 4 August 2003.
`2. ~ The allowed claim(s) is/are 1-39.
`3. ~ The drawin~JS filed on 09_0ctober 2002 are accepted by the Examiner.
`4. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S C. § 119(a)-(d) or (f).
`a) 0 All
`b) 0 Some·
`c) 0 None
`of the:
`1 _ 0 Certified copies of the priority documents have been received.
`2. 0 Certified copies of the priority documents have been received in Application No. __ .
`3. 0 Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`• Certified copies not received: __ _
`5. ~ Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`(a) 0 The translation of the foreign language provisional application has been received .
`• 6. 0 Acknowledgment is made of a claim for domestic priority under 35 U.S C. §§ 120 and/or 121.
`
`i
`1 Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted
`. below. Fa1lure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`I 7. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`\ INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`
`8. 0 CORRECTED DRAWINGS must be submitted.
`(a) 0 including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) 0 l1ereto or 2) 0 to Paper No. ___ .
`(b) 0 including changes required by the proposed drawing correction filed __ , which has been approved by the Examiner.
`(c) 0
`including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No. __ .
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet.
`
`9. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`I Attachment(s)
`
`[ 1 0 Not1ce of References Cited (PT0-892)
`; 30 Notice of Draftperson's Patent Drawing Review (PT0-948)
`I 5r8J Information Disclosure Statements (PT0-1449), Paper No.
`. 70 Exammer's Comment Regarding Requirement for Deposit
`of Biological Material
`
`!
`
`I
`
`L ------ -
`
`U S r';J[(•nt J'HI Tr:JCt;rnHk Oft·ce
`PTOL-37 (Rev. 04-03
`
`20 Notice of Informal Patent Application (PT0-152)
`4r8J Interview Summary (PT0-413), Paper No. __ .
`6r8J Examiner's AmendmenVComment
`8r8J Examiner's Statement of Reasons for Allowance
`90 Other
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`- - - - - - - · - · · - - - - - - - - - - - - - - - - - __ _j
`
`Notice of Allowability
`
`Part of Paper No. 1003
`
`BEQ 1004
`Page 6
`
`

`
`Application/Control Number: I 0/000,655
`Art Unit: I 636
`
`Page 2
`
`EXAMINER'S AMENDMENT
`
`An examiner" s anH:ndment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant. an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fcc.
`
`Authorization for this examiner"s amendment was given in a telephone interview with
`
`Janet Hasak on 28 October 2003.
`
`The application has been amended as follows:
`
`In the claims:
`
`Claim I has been replaced with the following:
`
`--Claim I (currently amended): !\ method for increasing product yield of a properly f(Jidcd
`
`polypeptide of interest produced by recombinant host cells, wherein expression of the
`
`polypeptide by the recombinant host cells is regulated by an inducible system, which method
`
`compnses
`
`(a)
`
`culturing the recombinant host cells under conditions of high metabolic and
`
`growth rate: and
`
`(b)
`
`reducing the metabolic rate ofthe cultured recombinant host cells at the time of
`
`induction of polypeptide expression, wherein reducing the metabolic rate
`
`comprises reducing the feed rate of [the] f! carbon/energy source, or reducing the
`
`amount of available oxygen, or both, and wherein the reduction in metabolic rate
`
`results in increased yield of properly folded polypeptide.--
`
`BEQ 1004
`Page 7
`
`

`
`Application/Control Number: I 0/000,655
`Art Unit: I ()]6
`
`Page 3
`
`The following is an examin~r· s statement of reasons for alknvanc~:
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`t\.:e. Such submissions should b~ clearly lab~ led ··Comments on Statement of Reasons for
`
`Allowance.··
`
`Claim Rcjcctions_:]5 l ;sc § 103
`
`Rejection of claims under 35 U.S. C. I OJ( a) as being unpatentable over Knonc et al.
`
`( 1 ')()1 ) A 1111 .VV :1cud Sci 646:300-306 in vie\v of Skerra (1 994) Gene 151: 131-135, F1arncz ct a!.
`
`(I 905) .f. Riorec/uw/42: 133-143 or Joly et al. ( 199R; U.S. Patent 5, 789, 199) is withdrawn.
`
`Applicant argues persuasively that the reduction in metabolic rate in the culture system of Knon·e
`
`era/. occurs well before the point of maximal biomass (see page 17, second full paragraph).
`
`lhcrcf'ore. it would not be obvious to the skilled artisan to reduce metabolic rate of the culture at
`
`the time of induction of polypeptide expression.
`
`Claim Rejections- 35_l'SC ~ 102
`
`Rejection of claims 1. 3. 7. 14. 24. 26,30 and 37 under 35 U.S.C. ~102(b) as anticipated
`
`by 13ricrley era/. (I 997: U.S. Patent l\io. 5,612, 198) is \Vithdrawn in view of Applicant's
`
`arguments.
`
`BEQ 1004
`Page 8
`
`

`
`Application/Control \\umber: I 0/000,655
`Art Unit: 1636
`
`Page4
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should he directed to Daniel M Sullivan whose telephone number is 703-305-4448.
`
`The examiner can normally he reached on Monday through Friday 8-4:30.
`
`If attempts to reach the c:-.:aminer by telephone are unsuccessful. the examiner· s
`
`supervisor, Remy Yucel. Ph.D. can be reached on 703-305-1998. The fax phone number for the
`
`organization where this application or proceeding is assigned is (703) 872-9306.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is 703-308-0196.
`
`OMS
`
`BEQ 1004
`Page 9
`
`

`
`--- - - - - -
`
`[ Application No.
`
`-
`
`[ Appl]cant(s)
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`I
`
`I
`
`i
`
`i ANDERSEN ET AL.
`-prt·unit--1
`- - - - - - - - - - - - - - - ' - - - - - - - - - j__ _ - - I
`I
`
`1·
`
`1
`
`_10/000,655
`
`Examiner-Initiated Interview Summary
`
`L_ ___ _
`
`All Participants:
`
`_
`
`_
`
`I Daniel M Sullivan
`__,_____
`Status of Application: __
`
`! 1636
`
`( 1) Daniel M Sullivan. Examiner.
`
`(2) Janet Hasak. Applicant's representative.
`
`(3) __ .
`
`(4) __ .
`
`Date of Interview: 28 October 2003
`
`Time:
`
`Type of Interview:
`rEJ Telephonic
`0 Video Conference
`0 Personal (Copy given to: 0 Applicant
`Exhibit Shown or Demonstrated: 0 Yes
`If Yes, provide a brief description:
`
`0 Applicant's representative)
`fEJ No
`
`Part I.
`
`Rejection(s) discussed:
`
`Claims discussed:
`1
`
`Prior art documents discussed:
`
`Part II.
`
`SUBSTANCE OF INTERVIEW DESCRIBING THE GENERAL NATURE OF WHAT WAS DISCUSSED:
`Examiner requested amendment of claim 1 to cure lack of antecedent basis for "carbon/energy source'' in part b.
`
`Part Ill.
`I
`I [Zl It is not necessary for applicant to provide a separate record of the substance of the interview, since the interview
`.
`directly resulted in the allowance of the application. The examiner will provide a written summary of the substance
`of the interview in the Notice of Allowability.
`I 0 It is not necessary for applicant to provide a separate record of the substance of the interview, since the interview
`(
`did not result in resolution of all issues. A brief summary by the examiner appears in Part II above.
`
`1
`
`I ____ _ - - - - - - - - - - - - - - - - · - - - - - - -
`
`LJ S Palt~·~t "'lct T (ad~0·3· k CW ce
`PTOL-4138 (04-03)
`
`Examiner lnit1ated Interview Summary
`
`Paper No. 1003
`
`Representative
`
`-if appropriate)
`
`BEQ 1004
`Page 10
`
`

`
`,- ·-·-·-------+-
`i'~)R\1 PT0-1449
`
`LIST OF DISC LOS
`
`I ·•,/;..' •
`
`~las.'> i Su~·r.k:.~
`· lltll!-J Date
`~"1-,.:3,.....5-·]~6-C ~~---
`Scrittm~tter et ~1
`-----------~-----------~---------------------------
`OTHER DISCLOSURES (Including Author, Title, Date, Pertinent Pages, etc.)
`
`Date
`
`Name
`
`I
`
`rate on sta .-1l lty and '-J"-"~ expresuor of re,:;:;:::;:olnar>:.' pL,,ffirct,J fiu<·lng:
`cultiv<.>tion of F.scherit:-hia coli TGl" ~-c_'.'.!_lly)_ 2./.~iut~C::f!.l}~i
`~
`'':7;".";·;·~·\Jt"l?' of .:1 Re.:·;:,ffi5)'~·.~ .ri:.:·;t·r;::n~;:·cc .. Y"':
`·~~-::;:.-::.1 1.., s • .
`,.
`
`M-~~
`I
`
`[t
`
`Shet>t -"- of ;_
`
`- -3
`
`Senal No.
`'" "''. m_ -~-
`--r (~~o~.p -·
`
`--·1
`-·-j
`
`·--------.1
`.
`I
`
`I'
`
`":)urttl<:hclOu vf bene '1\orphngt>n<'t·,-:-: orote~n-;. ·prOduced
`•!t~>::.s of 'r'CC'om!'·r.\nt ~~schclt~"""•ia rn1!"
`LB~·· 19«~ ::·~·'.
`:"l4
`
`,,.
`
`,,,,dlOn
`
`-
`
`L J~J~4--~v.~rr0~·;-;·~:---::::-~r;:;-~u-ra-rr<:or\-
`· ----~
`l·k'"'--
`.
`j
`. / ·~·
`~
`· l~- +----+.-,w,.... • ...-,_-o,-,;-e_,t,--.... '"-- "H"<Jli='Ce11 DensHy Fermentaoon Tor~:-~---;~ .iJ-:.arbamoyL.sc· ·,J81Ti9·~;-e-s;;r~ ·1. y..
`·y·! ''' h:vste'l1 Rac;P.d o" •.J,P EschP.richia r.oli rh.~BAD Prorr·:)ler··
`and Bi.~f!.Sl;:. 73:~' I•J.<
`~·
`f
`f>•.s--.
`... --------i ~
`l...
`. - ··--· ...........
`·-
`------·--·-- ---
`I" _J __ L...
`
`~
`
`',001'
`
`----------------------·--- ----------i~
`
`! ---. -;----------------·-----------..
`
`I
`
`~- --·· '-
`I
`
`I
`---1
`
`___ ,
`
`------~---------
`
`-·---·----·----·-- ·------------ -.. -------1
`
`whether 0r >10! citation is in
`
`• -'·DC 80·398.
`
`BEQ 1004
`Page 11
`
`

`
`Issue Classification
`
`II
`
`111111111111111
`
`--·-ORIGINAL
`
`-
`
`-
`
`j Application No.
`
`I Appfici:mt(s)
`
`. 10/000,655
`~Examiner
`
`------- - - ·r_AArtNDUEnl~tSEN ET ALJ. -------
`
`\Daniel M Sullivan_____
`
`11636
`
`__ l ______ _
`
`ISSUE CLASSIFICATION
`-- T
`________ C_R_O_S_S R-E-F-ER-E-NC-E-(5-) - - - - - - - - - - ---------1
`_J ---
`s~;L,Ai:s- n ~;;s ~1:~,.~ ~i~7NE~AsSPERBLOC"f
`: ;~A;s .. :
`'NlER,NAT,ONiL CLASS,~CATION --- I
`I
`-~
`l -T : -- i
`~- -----
`---~--------
`-
`-
`~~ W-H ·~
`
`-- i=+---- -~
`
`c---
`
`-~ -~-· ~--- 00
`Total Claims Allowed: 3/
`
`~~ M-
`
`~vll;vttt\ to/z.J/P!
`
`(Assistant Examiner)
`
`(Date)
`
`(Legal Instruments Examiner)
`
`(Date)
`
`(PnmAry Eximiricr)
`
`(Date)
`
`O.G.
`Print Claim(s)
`
`O.G
`Print Fig.
`
`-·-
`
`162
`. 163
`164
`165
`166
`
`189
`190
`191
`
`----1~
`~-~
`194 .
`195
`196
`197
`198
`
`U.S Patent and Trademark Office
`
`Part of Paper No. 1 003
`
`BEQ 1004
`Page 12
`
`

`
`Search Notes
`
`II
`
`1111111111111
`
`SEARCHED
`
`l
`i
`I
`
`: Application No.
`
`1 Appfica-ni(s) --- -
`
`·
`
`' ANDERSEN ET AL.
`10/000,655
`r.E;-=-xa-=--m=-::-in-'-=-r~---------r-A·rt Unit------,-~--- .:____-----1
`
`--------'---: _16_3§ ________ ,_ ---l
`
`j (!a__O_i~l M_SJ:l.!!ivan
`
`Class
`
`,. Subcl·a:;-- . --Date
`
`! Examiner I
`
`[ '!35'
`
`to/zi fjjt pS. -~
`v 11--
`I
`r-
`t- --~- t-~
`-.
`t--- I
`-+-----~ =1=;
`---+---1 . t_ -=
`~-
`~----- ---+---1 ~1
`1---
`
`1-
`
`,
`
`] __
`
`-
`
`L.___-------'--- -
`
`:1
`
`.
`_ _l__
`
`j
`~
`
`I
`
`-+--_] __ )
`
`:~---- - - - · - ·
`
`L-
`
`-----~--
`
`1
`
`~----·- ---+ ---f-1
`
`i
`
`I
`
`I
`
`__ j __ . ----- _ _j
`
`I
`
`l
`
`INT~R':_ERENCE SEARCHE-D~----~
`
`!
`CI<Jss
`I tt3s
`
`L -
`
`-
`
`-
`
`Subclass
`
`Date
`
`Examiner '
`
`7 I , 2.
`
`;
`
`I ;;:I---1'0 7/03 :_E ______ _
`t·--j
`~~~L!i/0~;1 ~-i
`
`.
`
`---- --- -
`
`-
`
`-
`
`___ L
`
`I
`
`.
`
`L
`
`~- - - - - - - · ------- - - - - - - - - - -
`U.S. Patent and Trademark Off1ce
`
`I
`- - · - --- ---- - - - - - - - - - - - - - - - · · · - · - - 1
`Part of Paper No. 1 003
`
`BEQ 1004
`Page 13
`
`

`
`(riLE 'HOME' ENTERED AT 08:25:18 ON 27 OCT 2003)
`
`'MED1INE, BIOSIS, CAPLUS, EMBASE, C