throbber
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`
`MM
`
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`
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`
`7
`
`7
`
`7
`
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`
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`
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`NOTICE: This calculator is only an educational tool. It was developed based on assumptions that may or may not apply in a particular
`case. It does not provide a determination of any kind by USPTO. It is not intended to, and does not, create any right or benefit,
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`ERROR CONTROL SUMMARY - The above calculation is based upon the following date information:
`
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`Expiration due to Missed Maintenance Fee Payment
`
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`5/6/1992
`11/7/2000
`5/6/2012
`0
`
`Patent Number:
`Application Number:
`
`6143799
`09/109453
`
`Exhibit 1104
`ARGENTUM
`IPR2017-01053
`
`000001
`
`

`

`.
`Ulllted States Patent
`
`[19]
`
`l||||||||||||I||||||||||l|||||||lllllllllllllllllllll||l||||||l||||||l|||||
`USOOS342620A
`[11] Patent Number:
`
`5,342,620
`
`
`C110th
`[45] Date of Patent:
`Aug. 30, 1994
`
`[54] USE OF BORATE-POLYOL COMPLEXES IN
`()PEJTTiAJ2511C3CK)LJP()SITT(JTQS
`
`[‘75]
`
`Inventor: Masood Chowhan, Arlington, Tex.
`
`[73] Assignee: Alcon Laboratories, Inc., Fort
`Worth, Tex.
`
`[211 App]. No.: 118,833
`
`[22] Filed:
`
`Sep. 7, 1993
`
`[63]
`
`Related [5.5 Application Data
`_
`‘
`Continuation of Ser- NO- 879435: May 6: 1992: aban-
`d‘mEd’
`
`[58] Field of Search
`
`Int. 0.5 ................................................ A6111 9/08
`[51]
`[52] US. Cl. .................................... 424/422; 424/400;
`424/427; 424/658; 424/659; 514/839; 514/840;
`514/912; 514/915
`424/400, 427, 658, 659;
`514/839, 840, 912, 915
`References Cited
`U.S. PATENT DOCUMENTS
`
`[56]
`
`.................... 424/78.“
`6/1977 31.11.1180 at 8.1.
`4,029,817
`
`-----------
`514/840
`415311379 4/1936 9191591} at 31-
`$443,193 1313:; Egg?“ 9“ 31'
`333?:
`
`.....
`4:320:352 4/1939 Riedham-name}; '21.
`514/339
`
`4,960,799 10/1990 Nagy 514/912
`
`.. 424/7804
`5,032.392 7/ 1991 Vanna .....
`8/1992 Sherman ............................. 514/840
`5,141,665
`
`FTIRJEICEPJIMA113PfI‘IJCJCIJLIEJJ1TS
`0109561Al
`5/1984 European Pat. Off.
`.
`0436726141
`7/1991 European Fat. 011".
`.
`2230353 12/1974 France .
`
`_
`
`OTHER PUBLICATIONS
`Rakow, P. L. Contact Lens Forum (Jun., 1988), 41—46.
`Okada, T.J. Chromatography, 403:27—33 (1937).
`Sciarra, J. et 21]., J. Am. Pharm. Assoc, 49(2):115—117
`(1950)
`Morawetz, 1-1., “Macromolecules In Solution,” John
`Wiley 8: Sons, Inc., New York: 1-974, pp. 402—404.
`Gilman, H. et al. (eds.), “Organic Chemistry” vol. I,
`John Wiley .9 Sons, Inc. New York: 1950, pp. 432433.
`Gilman, H. et :11. (6:15.), “Organic Chemistry" vol. II,
`John Wiley 8:. Sons, Inc, New York: 1950, pp.
`15404542, 1588, 1589, 1606—1610.
`
`Primary Exomifler—Thunnan K. Page
`Assistant Examiner—Amy Hulina
`Attorney, Agent, or Finn—Julie J. L. Chang
`[57]
`ABSTRACT
`Aqueous ophthalmic compositions containing water-
`soluble borate-polyo1 complexes‘are usefui in aqueous
`ophthalmic compomtlons contammg polyvmyl alcohol.
`1.11653 GOmposifions provide the benefits of 2 1301313
`buffering system, such as enhanced antimicrobial activ-
`ity, without the problems associated with the use of
`:10”: and 1301* “Chile? Emu“ 9f bimgf'mlyvmyl
`99 0190911319395 W ‘9 are “terms“ '1
`3-
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`15 Claims, N0 Drawings
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`'0 ,a) The term of this patent
`subsequentto
`. has
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`
`b) The term of this patent shall
`not eldend beyond the expiration date
`of U.S Patent. No. ~ I..f A,. 4.2"'0.
`
`"i
`ROBERT H. HARRISONI'
`PfU~~ "
`
`o c) The terminal _months of
`
`this patent have been disclaimed.
`
`WARNING:
`The information disclosed herein may be r stric
`Possassion outside the U.S; Patent & l'radema
`
`Form PT0-436A
`(Rev. 10197)
`
`. Unauthorized disclosure may be prohibited !:Iy the United States Code Title 35, Sections 122, 181 an
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`I ISSUf:f&E' IN J!1f.~REA)
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`
`N ....... ;' .. , ...................... Non-elected /
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`A .......... 'u .................... Appeal '
`o ................. ,~ ................ Objected
`
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`73
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`81
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`84
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`1112
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`1114
`'115
`1116
`1117
`1118
`1119
`1120
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`1122
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`staple additional sheet here
`
`(LEFT INSIDE )
`
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`
`000006
`
`

`

`- -- ---
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`Chowhan, et al.
`
`Serial No.: 09/109,453
`
`Filed: July 2, 1998
`
`Examiner: Robert H. Harrison
`
`Group Art Unit: 1617
`
`For: USE OF BORATE-POLYOL
`COMPLEXES IN OPHTHALMIC
`COMPOUNDS
`
`AMENDMENT
`
`Assistant Commissioner for Patents
`Box Patent Application
`Washington, D.C. 20231
`
`Sir:
`
`A three-month extension of time has been requested in the accompanying
`
`Petition for Extension of Time Under 37 C.F.R. §1.136(a) and Transmittal of Fee
`
`Under 37 C.F.R. §1.17(a)(3). In the event that paper becomes detached from this
`
`Response or is otherwise lost or misplaced, the Commissioner is requested to charge
`
`the fee for a three month extension of time to Deposit Account No. 01-0682.
`
`- 1 -
`
`000007
`
`

`

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`The following amendments and remarks are submifted in response to the
`
`outstanding Official Action mailed December 15, 1998.
`
`Please amend the above-identified application as follows:
`
`IN THE SPECIFICATION
`
`On page 1, under the heading "Cross-Reference to Related Applications",
`
`please delete lines 7-10 entirely and substitute therefore the following:
`
`~he present application is a division of applicati.~ Serial No. 08/479,281
`f
`
`:f/
`
`.
`
`(pf"1/ Cf ry
`(now U.S. Patent No. 5,811,466), which is
`" "
`"'.
`{'lied " .
`08/198,427/\ (now U.S. Patent No. 5,505,953),
`. ich is 'a continuation-in-part of
`Ii 1· - tit q 17
`.~
`'\
`application Serial No. 08/118,833 J\ (nc5w U.. Patent No. 5,342,620), which is a
`h Icd ~)/& I q .)
`~. continuation of application Serial No. 07/8
`,435/nowabandoned) . .c-
`
`Serial No.
`
`The specification has been a ended above to update the information regarding
`
`Applicants' related applications.
`
`The claims'pending in the application are Claims 25-45. Claims 25-44 were
`
`J
`
`rejected in the outstanding Official Action. (Claim 45 was not rejected; it is believed
`
`that this claim, which is set forth on page 5 of the Preliminary Amendment dated July
`
`2, 1998, may have been inadvertently overlooked by the Examiner.)
`
`Claims 35-44 have been rejected under the judicially created doctrine of
`
`obviousness-o/Pe double patenting as allegedly being unpatentable over Claims 2-8 of
`
`commonly assigned U.S. Patent No. 5,342,620.
`
`In response to this rejection, a
`
`- 2-
`
`.----_ . . ------
`
`000008
`
`

`

`,----\
`
`Terminal Disclaimer is submitted with this Response. The submission of the
`
`Terminal Disclaimer is believed to overcome this rejection.
`
`Claims 35-44 have been rejected under the judicially created doctrine of
`
`obviousness-type double patenting as allegedly being unpatentable over Claims 1-13
`
`of commonly assigned U.S. Patent No. 5,494,937. This rejection is respectfully
`
`"
`
`traversed. The '93? patent is not available as a prior art reference relative to the
`
`present application. That is, the '937 patent has a priority date of July 22, 1994, while
`
`the priority date of the present application is May 6, 1992.'The later-filed '937 patent
`
`is therefore not available as grounds for an obviousness-type double patenting
`
`rejection. Reconsideration and withdrawal of this rejection is requested.
`
`Claims 25-44 have been rejected under 35 U.S.C. §103 as allegedly being
`
`unpatentabl~ over U.S. Patent No. 5,460,658 (Nakagawa, et al.). This rejection is
`
`respectfully traversed.
`
`The Nakagawa, et al. '658 patent does not disclose or suggest the subject
`
`matter of Claims 25-44, nor does it inherently anticipate the subject matter of these
`
`t
`
`claims.
`
`Claims 25-34 of the present application are directed to improved methods of
`
`preserving aqueous ophthalmic compositions from microbIal contamination. The
`
`improvement comprises including in the compositions a water-soluble borate-polyol
`
`complex in an amount of 0.5 to 6.0 wt. %. The borate and polyol components are
`
`included in the complex in a molar ratio ofl:0.1 to 1:10.
`
`- 3 -
`
`000009
`
`

`

`"-
`The Nakagawa, et al. '658 patent does n<;>t provide-any teaching regarding
`
`methods of improving the preservation of aqueous ophthalmic compositions. This is
`
`apparent from the fact that Nakagawa, et al. do not even refer to borate-polyol
`
`complexes anywhere in the '658 patent, nor do theY,indicate in any fashion that this
`
`complex may contribute to the antimicrobial activity of aqueous ophthalmic
`
`compositions. The latter point is clear from the fact that Nakagawa, et al. sp~cifically
`
`describe the inclusion of "antiseptics" to prevent the propagation of fungi during the
`
`storage of the liquid enzyme compositions described in their '658 patent. The
`
`antiseptics identified by Nakagawa, et al. are conventional ones, sllch as potassium
`
`sorbate (see column 6 of the '658 Patent, lines 43-53.) Thus, there is clearly no
`
`suggestion in the '658 patent that a borate-polyol complex could be utilized to
`
`. enhance the preservation of aqueous ophthalmic compositions from microbial
`
`contamination.
`
`The paragraph bridging pages 3 and 4 of the outstanding Official Action and
`
`the first two paragraphs on page 4 indicate that the formation of a borate-polyol
`
`complex is not disclosed by Nakagawa, et aI., but "would appear" to be an inherent
`
`feature of this reference. Applicants respectfully submit that Nakagawa does not
`
`disclose or suggest the formation of borate-polyol complexes, either explicitly or
`
`inherently.
`
`As noted by the Examiner, there is no mention of the formation of a borate-
`
`polyol complex in this reference. Moreover, borate is described as an optional
`
`- 4-
`
`--------.. ~----
`
`000010
`
`

`

`ingredient in the Nakagawa, et al. liquid enzyme composition~ (see the last paragraph
`,
`in column 4). Even if the Nakagawa, et al. '658 patent could be properly interpreted
`
`~
`
`as disclosing borate-polyol complexes, this reference clearly does not disclose any
`
`compositions containing the borate and polyol components of such complexes in a
`
`concentration of 0.5 to 6.0 wt. %, as required in the present claims.
`
`Nakagawa, et al. describe the use of a polyol concentration of from 5 to 30%
`
`(w/v) and indicate that, in the event borate is included in the liquid enzyme
`
`compositions, the amount of borate should be "not higher than about 0.5% (w/v)."
`
`However, the '658 reference does not disclose any compositions con.taining a borate-
`
`polyol complex in Applicants claimed range of 0.5 to 6.0 wt. %. Rather, all of the
`
`examples of liquid enzyme compositions containing both a polyol and borate fall
`
`outside the 0.5 to 6.0 wt. % concentration range recited in Claim 25. Thus, it is clear
`
`that the '658 reference does not disclose, either explicitly or inherently, the use of 0.5
`
`to 6.0 wt. % of a water soluble borate-polyol complex in the manner claimed in
`
`Claims 25-34.
`
`The distinctions between the methods of the present invention and the
`
`Nakagawa, et al. '658 reference are even more evident with respect to Claims 27-34.
`
`Claim 28 recites a preferred, narrower concentration range for the borate-polyol
`
`complex which clearly does not overlap in any manner withJhe Nakagawa, et al. '658
`
`/'
`
`~~.............
`
`reference, and the remainder of the claims also recite further details which are not
`
`disclosed or suggested by the '658 reference. Thus, there can be no question that the
`
`- 5 -
`
`000011
`
`

`

`methods of these claims are. not inherently disclosed by· th~~ akagawa, et al. '658
`
`reference.
`
`Claims 35-37 are directed to saline solutions containing a borate-polyol
`
`complex to preserve the solution from microbial contamination. The Nakagawa, et al.
`
`'658 reference does not disclose saline solutions for soaking, rinsing and storing
`
`contact lenses. Moreover, as already indicated above, this reference clearly does not
`
`disclose or suggest the use of borate-polyol complexes to preserve saline solutions or
`
`any other ophthalmic solution from microbial contamination. Finally, the molar ratio
`
`range recited in Claim 35, and the concentration range and'molar ratiQ range recited in
`
`,
`
`Claim 36, are clearly not disclosed or suggested by Nakagawa, et al.
`
`Claims 38-45 are directed to aqueous solutions for disinfecting contact lenses.
`
`The Nakagawa, et al. '658 reference does not disclose such solutions. Moreover, as
`
`indicated. above, this reference clearly does not disclose the use of borate-polyol
`
`complexes to enhance the antimicrobial efficacy of aqueous solutions, including
`
`aqueous solutions for disinfecting contact lenses. The subject matter of Claims 38-45
`
`is further distinguished from the Nakagawa, et al. '658 reference by means of various
`
`other limitations recited in these claims, such as the molar ratio range recited in Claim
`
`38, as well as the specific antimicrobial agents and concentrations thereof recited in
`
`Claims 40-45.
`
`- 6-
`
`000012
`
`

`

`In view of the foregoing remarks, favorable reconsid~~ation in the form of 'a
`
`Notice of Allowance is respectfully requested.
`
`Respectfully submitted,
`
`ALCON LABORATORIES, INC.
`
`BY~C-~
`'~n
`-----
`Reg. No. 30,613
`
`Address for Correspondence:
`Gregg C. Brown
`R&D Counsel, Q-148
`Alcon Laboratories, Inc.
`6201 South Freeway
`Fort Worth, TX 76134-2099
`Phone: (817) 551-8663
`
`Docket No. 1329B
`
`..
`
`•
`
`I
`
`-7-
`
`,~-~----
`
`000013
`
`

`

`,
`!
`
`...... ' "
`
`,:;...
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`-,
`. - .. -- ...
`
`In re Application of:
`Chowhan, et al.
`
`Serial No.: 09/109,453
`
`Filed: July 2, 1998
`
`Examiner: Robert H. Harrison
`
`Group Art Unit: 1617
`
`i
`j
`i
`
`/
`
`For: USE OF BORATE-POL VOL
`COMPLEXES IN OPHTHALMIC
`COMPOUNDS
`
`PETITION FOR EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)
`AND TRANSMITTAL OF FEE UNDER 37 C.F.R. §1.17(a)(3)
`
`AS1?i~tant Commissioner for Patents
`Box Patent Application
`Washington; D.C. 20231
`
`Sir:
`
`:::!
`'"
`('")
`-;:,r.
`-0
`J"'I1:::t1
`~M'I
`rrt ('")
`::urrl
`~ ~<
`:-JI:: mrr1
`00
`"E C)
`"(cid:173)
`N
`I'\)
`VI
`<.0
`A three month extension of the period for response to the outstanding OfficiiJ
`Action -mailed December 15, 1998, is hereby requested; the extended period for
`response wiil expire on June 15, 1999.
`
`'u)
`U)
`t-
`§i!
`N
`
`Please charge the $870.00 extension fee required by 37 C.F.R. §1.17(a)(3) to
`Deposit Account No. 01-0682. A duplicate of this letter is attached.
`/
`
`- 1 - .
`
`I
`
`--------------------------------_._---
`
`000014
`
`

`

`The Commissioner is hereby authorized to charge any additional fees which
`may be required or to credit any overpayment to Deposit Account No. 01-0682 .
`
`Date_--...L4fe !--=--{..:.....I....( (...!-( ~--
`
`. ' Respectfully submitted,
`
`ALCON LABORATORIES, INC.
`
`BY,~~~
`
`Reg. No. 30,613
`
`\0
`\0
`
`......
`fTJ
`("')
`:x:
`~ n
`rrt
`%::0
`-i''11
`rf1<">
`:::o!::!
`...... <
`01/"1"1
`00
`0
`"-
`N
`<D
`(:)
`0
`
`N
`

`::x.
`..
`\0
`N
`<.n
`
`Address for Correspondence:
`Gregg C. Brown
`R&D Counsel, Q-148
`Alcon Laboratories, Inc.
`6201 South Freeway
`FortWorth, TX 76134-2099
`Phone: (817) 551-8663
`
`Docket No. 1329 B
`
`~
`
`\.
`
`-2-
`
`000015
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`Chowhan, et a1.
`
`Serial No.: 09/109,453
`
`Filed: July 2, 1998
`
`Examiner: Robert H. Harrison
`
`Group Art Unit: 1617
`
`For: USE OF BORATE-POL VOL
`COMPLEXES IN OPHTHALMIC
`COMPOUNDS
`
`TRANSMITTAL OF FEE UNDER 37 C.F.R. §1.20(d)
`
`Honorable Commissioner of
`Patents and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`A terminal disclaimer has been filed herewith. Please charge the $110.00 fee
`
`required under 37 C.F.R. §1.321(b) and 1.20(d) to Deposit Account No. 01-0682. A
`
`duplicate of this paper is attached.
`
`Respectfully submitted,
`
`ALCON LABORATORIES, INC.
`
`i ai
`BY~~I
`
`Reg. No. 30,613
`
`Date· "(Il /17
`
`Address for correspondence:
`GreggC.Brown
`Plteot Depanmeo~ Q-148
`AI"", Laboratories, IDe.
`6201 So .... Freeway
`Pon Worth, TX 76134
`Phone: (817)551-11663
`
`AttomeyllocketNo.1329B
`
`I
`E !!
`·u - .....
`
`r::
`ij ~
`
`000016
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`- --- ---
`
`In re Application of:
`Chowhan, et al.
`
`Serial No.: 09/109,453
`
`Filed: July 2, 1998
`
`Examiner: Robert H. Harrison
`
`Group Art Unit: 1617
`
`For: USE OF BORATE-POL VOL
`COMPLEXES IN OPHTHALMIC
`COMPOUNDS
`
`TERMINAL DISCLAIMER UNDER 37 C.F.R. §1.321(b)
`
`,-
`Assistant Commissioner for Patents
`Box Patent Application
`Washington, D.C. 20231
`
`Sir:
`
`Alcon Laboratories, Inc. ("Alcon") is the owner of the entire interest in the
`
`above-identified patent application and related United States Patent No. 5,342,620
`
`(issued August 30, 1994), as demonstrated by the attached assignment documents and
`
`notices of recordation. [The present application is a division of application Serial No.
`
`-~
`
`08/479,281 (now U.S. Patent No. 5,811,466), which is a division of application Serial
`
`-
`
`No. 08/198,427 (now U.S. Patent No. 5,505,953), which is a continuation-in-part of
`~
`applicatiOltSerial No. 08/118,833 (now U.S. Patent No. 5,342,620), which is a
`
`continuation of application Serial No. 07/879,435 (now abandoned).]
`
`- 1 -
`
`000017
`
`

`

`Alcon hereby disclaims, except as provided below, the terminal part of the
`
`statutory term of any patent granted on the instant application, which would extend
`
`beyond the expiration date ofth~fulJ statutory term defined in"35 U.S.C. 154 to 156
`
`and 173, as presently shortened by any terminal disclaimer, of U.S. Patent No.
`
`5,342,620 (referred to hereinafter as the prior patent). Alcon hereby agrees that any
`
`patent so granted on the instant application shall be enforceable only for and during
`
`. such period that it and the prior patent are commonly owned. This agreement runs
`
`with any patent granted on the instant application and is binding upon the gmntee, its
`
`successors or assigns.
`
`In making the above disclaimer, Alcon does not, disclaim the terminal part of
`
`,
`any patent granted on the instant application that would extend to the expiration date
`
`of the full statutory term as defined in 35 U .S.C. 154 to 156 and 173 of the prior
`
`patent, as presently shortened by any terminal disclaimer,. in the event that it later:
`
`expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by
`
`a court of competent jurisdiction, is statutorily disclaimed in whole or terminally
`
`disclaimed under 37 CFR 1.321, has all claims canceled by a reexamination
`
`certificate, is reissued, or is in any manner terminated prior to the expiration of its full
`
`statutory terin as presently shortened by any terminal disclaimer.
`
`I h~reby 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 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,
`
`- 2-
`
`.. " ' - /_ - - - - - - - - - - - - - - - .... ,-------~----------,,- - - - - - - - - - -
`
`000018
`
`

`

`under Section 1001 of Title 18 of the Untied States Code and that such willful false
`
`statements may jeopardize the validity of the application or any patent issued thereon.
`
`Respectfully submitted,
`
`ALCON LABORATORIES, INC.
`
`Date
`
`~ ( L t (-=t ~
`----~~--~------- BY~C..~
`>~~own
`Registration No. 30,613
`
`Attachments
`(1) Assignment ofUSSN 08/198,427 recorded at Reel 7156, Frames 209,
`210 and 211;
`.
`Assignment ofUSSN 07/879,435 recorded at Ree16142~ Frames 828,
`and 829; and
`(3) Notices of Recordation for (1) and (2)
`
`(2)
`
`Address for Correspondence:
`Gregg C. Brown
`R&D Counsel, Mail Code Q-148
`Alcon Laboratories, Inc.
`6201 South Freeway
`Fort Worth, Texas 76134-2099
`Phone: (817) 551-8663
`
`Attorney Docket No.: 1329 B
`
`-3-
`
`. / ./
`
`000019
`
`

`

`. -I-'f."'f OFC"~
`l
`'1-... .,
`I·,
`"c;. UNITED STATES DEPARTMENT OF COMMERCE
`• Patent and Trademark Office
`"
`!
`.,
`....
`ASSISTANT SECRETARY AND COMMISSIONER
`"'04 ... of ,:I'
`OF PATENTS AND TRADEMARKS
`Washington, D.C.'20231
`
`N12B
`
`DATE: 10/27/94
`TO:
`
`JULIE J. L. CHENG
`PATENT DEPT., MC Q-148
`ALCON LABORATORIES, INC.
`6201 SOUTH FREEWAY
`FORT WORTH, TX 76134-2099
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
`
`THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT BRANCH OF
`THE U. S. PATENT AND TRADEMARK OFFICE. A COMPLETE MICROFILM COPy'- IS
`AVAILABLE AT THE U.S. PATENT AND TRADEMARK OFFICE ON THE REEL AND 'FRAME
`NUMBER REFERENCED BELOW.
`-
`
`'l'HE INFOmlATION
`PLEASE REVIEW ALL INFORMATION CON'fAINED ON THIS NOTICE.
`CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE
`'PATENT ASSIGNMENT PROCESSING SYSTEM. IF YOU SHOuLD,FIND ANY ERRORS OR
`QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE EMPLOYEE WHOSE
`NAME APPEARS ON THIS NOTICE AT 703-308-9723. PLEASE SEND REQUEST FOR
`CORRECTION TO: U.S. PATENT AND TRADEMARK OFFICE, ASSIGNMENT BRANCH,
`NORTH TOWER BUILDING, SUITE.10C35, WASHINGTON, D.C. 20231
`ASSIGNOR: .
`CHOWHAN, MASOOD
`
`DOC DATE: 09/20/94
`
`I
`ASSIGNOR:
`DASSANAYAKE, NISSANKE L.
`
`DOC DATE: 09/16/94
`
`RECORDATION DATE: 09/28/94
`
`NUMBER OF PAGES 004
`
`REEL/FRAME 7156/0208
`
`DIGEST: ASSIGNMENT OF ASSIGNORS INTEREST
`
`ASSIGNEE:
`ALCON LABORATORIES, INC.
`PATENT DEPARTMENT, MC Q-148
`6201 SOUTH FREEWAY
`FORT nORTH, TX 76134-2099
`
`SERIAL NUMBER
`PATENT NUMBER
`
`8-198427
`
`FILING DATE 02/22/94
`ISSUE DATE
`00/00/00
`
`,
`
`"\
`'
`, J -UilJ-i./v
`f . ,
`.
`EXAMINER/PARALEGAL
`ASSIGNMENT BRANCH
`ASSIGNMENT/CERTIFICATION SERVICES DIVISION
`
`000020
`
`

`

`ASSl.GNMENI
`
`WHEREAS I am a below named inventor of the invention entitled:
`
`USE OF BORATE-POLYOL COMPLEXES IN OPHTHALMIC COMPOSITIONS
`
`and described in a United States Patent Application filed with the United States
`
`Patent and Trademark Office on February 21, 1994, and further identified by
`
`Attorney Docket No. 1329.US.
`
`WHEREAS, ALCON LABORATORIES, INC., a company organized under
`
`the laws of Delaware and having a place of business at 6201 South Freeway, Fort
`
`Worth, Texas, 76134, is desirous of acquiring the entire' right, title a"-d interest in
`
`and to said invention and to any and all Letters Patent of the United States and
`
`foreign countries which may be obtained therefor;
`
`NOW, THEREFORE, for good and valuable consideration, I do hereby sell,
`
`assign and transfer to ALCON LABORATORIES, INC., its legal representatives,
`
`successors, and assigns, the entire rig~t, title and interest in and to said invention
`
`as set forth in the above-mentioned application, and in and to any and all patents
`
`of the United States and foreign countries which may be issued for said invention;
`
`U1
`cr
`
`UPON SAID CONSIDERATIONS, I hereby agree that I will not execute any
`
`writing or do any act whatsoever conflicting with these presents, and that I will, at
`
`any time upon request, without further or additional consideration but at the
`
`expense of said assignee, execute such additional assignments and other writings
`
`'~
`
`and do such additional acts as said assignee may deem necessary or desirable to
`perfect the assignee's enjoyment of this grant and render~ necessary assistance
`in making application for and obtaining original, divisional, reexamined, reissued, or
`
`other Letters Patent of the United States or of any and all foreign countries on said
`
`invention and in enforcing any rights in action accruing as a result of such
`
`1
`
`000021
`
`

`

`applications or patents, said assi§.!a.!}ce to include ·my cooperation in all prosecution
`
`associated with obtaining such applications or patents and my provision of
`
`testimony in any proceedings or transactions involving such applications or patents,
`
`it being understood that the foregoing covenant and agreement shall bind, and
`
`inure to the benefit of, the assigns and legal representatives of assignor and
`
`assignee.
`
`AND I request the Commissioner of Patents and Trademarks to issu,~ any
`
`Letters Patent of the United States which may be issued for said invention to said
`
`ALCON LABORATORIES, INC., its legal representatives, successors or assigns,
`
`as the sole owner of the entire right, title and interest in said patent and the
`invention covered thereby.
`
`Full name of inventor:
`
`Masood Chowhan
`
`c.n
`c:r
`
`Inventor's Signature:
`
`Date:
`
`Residence and Post Office
`
`,.
`
`Address:
`
`Citizenship:
`
`STATE OF TEXAS
`
`COUNTY OF TARRANT
`



`
`2305 Busch Drive
`
`Arlington, Texas 76134
`
`United States of America
`
`--
`
`day of J'fi4'n ~ , 19J4, before me personally
`On this ,PtOtk
`_
`appeared Masood Chowhan, to me known to be the person named in and who
`executed the above instrument, and acknowledged to me he/she executed the same
`for the uses and purposes therein set forth .
`
`•
`~
`~
`~o '\~
`
`ftma~_
`NOTARY PUBLIC
`State of Texas
`Comm. Exp. lc)'o~96
`
`2
`
`~--------------------- - - - - - - -
`
`000022
`
`

`

`/
`
`..-..."
`
`Full name of inventor:
`
`Nissanke L. Dassanayake
`
`Inventor's signature:
`
`Date:
`
`Residence and Post Office
`
`Address:
`
`Citizenship:
`
`STATE OF TEXAS
`
`COUNTY OF TARRANT
`



`
`926 West Mitchell. #241
`
`Arlington, Texas 76013
`
`Sri Lanka
`
`=
`day of AlAI/.' by·.....;
`, 1994, before me personally S
`1/c-tJc
`On this
`appeared Nissanke L. Dassanayake, to nfe known to be the person named in and Wh~
`executed the above instrument, and acknowledged to me he/she executed the same a(cid:173)
`for the uses and purposes therein set forth.
`..,..,
`= 5;
`..... ,
`N
`
`HECORDED
`PATEN}:ft 1 R .\On1ARK OFfiCE
`
`SEP 289ft
`
`3
`
`000023
`
`

`

`DATE: 07/14/92
`TO:
`,
`PATENT DEPARTMENT
`ALCON LABORATORI~S. IPC,
`6201 SOUT.H FREEWAY,
`Ii'ORT WORTH, TX
`·76134
`
`UNITED STATc;:;DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`ASSISTANT SECRETARY AND COMMISSIONER
`OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`RECEIVE!) AUG 1 3 \f!9rg~
`
`UNITED STATES PATENT ANr..- T~ .. DEMARK OFFI!'.:E
`NOTICE OF RECORDATION OF'AS~IGNMENT DOCUMENT
`
`THE ENGLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT DIVISION OF
`THE U.S. PATEN~ ,AND TRADEMARK OFFICE. A COMPLETE MICROFILM COpy IS
`AVA~LABLE AT TaE U.S~ PATENT AND TRADEMARK OFFICE ON THE REEL AND FRAME
`NUMBER REFERENCED BELOW.
`
`PLEASE REVIEW AT .. ! .. INFORMATION CONT.A.INED ON THJS NOTICE. THE TNFORMA".'ION
`CONTAINED ON
`'!;HIS· RECORDA'l'ION NOTICE REFLECTS THE DATA PRESENT IN THE
`PATENT ASSIGNMENT PROCESSING SYSTEM. IF YOU SHOULD FIND ANY ERRORS, ON
`THIS NOTICE, PLEASE SEND A REQUEST FOR CORRECTION TO: U.S. PATENT AND
`TRADEMARK OFFICE, ASSIGNMENT BRANCH, NORTH TOWER BUILDING, SUITE 10C35,
`WASHINGTON, D.C. 20231
`
`ASSIGNOR:
`CHOWHAN, HASOOD
`
`DOC DATE: '05/06/92
`
`RECORDATION DATE: 06/05/92
`
`NUMBER OF PAGES 003
`
`REEL/FRAME 6142/0827
`
`DIGE3T :ASSIGNMEN'r OF ASSIGNORS INTEREST
`
`:A~SIGNEE~
`INC.
`. ALCON LABORA'l'ORIES,
`A . COMPANY· OF DELAWARE
`62C1 SOUTH ·~REEWAY, FO~~ WORTH, TX 76134
`
`SER::A:. NUMBER
`PATENT, N~ER
`
`7-879435
`
`FILING DATE 05/06/92
`ISSUE DATE
`00/00/00
`
`000024
`
`

`

`WHEREAS
`entitled:
`
`I
`
`am a below named
`
`inventor of'" the invention
`
`"USE OF BORATE-POLYOL COMPLEXES IN OPHTHALMIC COMPOSITIONS"
`
`and described in a United States Patent Application filed with
`the United States Patent and Trademark Office on May 6, 1992,
`and further identified by Attorney Docket No. 1207; and
`
`WHEREAS, ALCON LABORATORIES, INC., a company organized under
`the laws of Delaware and having a place of business at 6201 South
`Freeway, Fort Worth, Texas, 76134, is desirous of acquiring the
`entire right, "title and interest in and to said invention and to
`any and all Letters Patent of the United St'ates and

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