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IN THE UN]TED STA 1’ '35 PA 31 'EN?‘ AND TRA DEM/4 RK OFFICE
`
`Atty. Dkt. No. 0806184156
`
`App]. No. 13I469,854
`
`Applicant:
`
`l-Iorst OLSCl-IEWSKI et 211.
`
`Title:
`
`'l‘R EPROS'I‘INIL ADMINISTRATION BY
`[NI-IAI..AT1 ON
`
`App]. No.:
`
`135469354
`
`Filing Date:
`
`$110012
`
`Examiner:
`
`Sarah Elizabeth ToWnsley
`
`Art Unit:
`
`Confirmation
`Number:
`
`1629
`
`91?]
`
`DECLARATION UNDER 37 C.F.R.
`
`
`
`
`Assistant Commissioner for Patents
`
`Washington, DC. 20231
`
`Sir:
`
`1, Werner Seeger hereby declare and say that:
`
`l.
`
`I am a citizen of Germany.
`
`2.
`
`I am a (so-inventor of the subject matter presently claimed in the above-captioned
`
`application.
`
`3.
`
`I am able to read and understand the English language when it is written.
`
`4.
`
`1 am familiar with Voswinekel er (1!. “Inhaled Treprostinil for 'l‘reatment of
`
`Chronic Pulmonary Arterial Hypertension”, Annals oflnternal Medicine Vol. 144, pages 149-
`
`150, 2006 (hereafter “Voswinckel article”), that is cited in the Office Action mailed on March
`
`4835-6353-283?.1
`
`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01621
`
`UNITED THERAPEUTICS, EX. 2097
`
`Page 1 of2
`
`

`

`Atty. Dkt. No. 080618-1156
`App]. No. 131169.854
`
`I3, 2015, and how the results described in the Voswinckel article were generated.
`
`I am also
`
`familiar with the currently pending claims in the above—captioned application.
`
`5.
`
`lunderstand that an inventor is one who contributes to conception olwhat is being
`
`claimed in the above-captioned application, which courts have paraphrased as “the formation
`
`in the mind of the inventor ofa definite and permanent idea ofthe complete and operative invention
`
`as it is thereafter to be applied in practice." I further understand that a person who performs
`
`work to confirm someone elsc’s idea is not an inventor, unless that person also contributed to
`
`the conception of the invention.
`
`6.
`
`IIossein A. (.ihoti'ani and Friedrich Grimmingcr, that are properly listed as eo~
`
`authors on the Voswinckel article because ol'their contributions to the Voswinekel article, did
`
`not contribute to conception ol‘the presently claimed invention, so they are not. eo~invcntors
`
`ot‘the present. claims in this application.
`
`7.
`
`I further declare that all statements made herein (iiiny 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 iinpiisoimicnt, or both. under Section 100] ol‘ Title I 8 ol‘ the
`United States Code and that such willful False statements mayjeopal'dilieflie validity’ot'tlic
`:j
`x.
`application or any patent resulting therefrom.
`
`/
`
`.-
`Werner Seeger
`
`
`August 20, 2015
`Date
`
`4835—6353-28311
`
`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-O1621
`
`UNITED THERAPEUTICS, EX. 2097
`
`Page 2 of 2
`
`

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