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Atty. Dkt. No.080618-1156
`
`Appl. No. 13/469,854
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`
`Horst OLSCHEWSKI et al.
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`Title:
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`TREPROSTINIL
`ADMINISTRATION BY
`INHALATION
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`Appl. No.:
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`13/469,854
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`
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`Filing Date:
`5/11/2012
`
`Examiner:
`
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`Sarah Elizabeth Townsley
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`Alt Unit:
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`1629
`
`Confirmation
`9171
`Number:
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`
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`DECLARATION UNDER 37 C.F.R. § 1.132
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`Assistant Commissioner for Patents
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`
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`Washington, D.C. 20231
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`Sir:
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`
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`I, Weiner Seeger hereby declare and say that:
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`
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`1.I am a citizen of Germany.
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`2.I am a co-inventor of the subject matter presently claimed in the above-captioned
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`
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`application.
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`3.I am able to read and understand the English language when it is written.
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`4.I am familiar with Voswinckel et al. "Inhaled Treprostinil for Treatment of
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`Chronic Pulmonary Arterial Hypertension", Annals of Internal Medicine Vol. 144, pages 149-
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`150, 2006 (hereafter "Voswinckel article"), that is cited in the Office Action mailed on March
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`4835-6353-2837 .1
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`UNITED THERAPEUTICS, EX. 2097
`
`
`
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01621
`Page 1 of 2
`
`IPR2021-00406
`United Therapeutics EX2070
`
`

`

`Atty, Dkt. No. 080618-1156
`Appl. No. 13/469,854
`
`13, 2015, and howthe results described in the Voswinckel article were generated.
`
`| amalso
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`familiar with the currently pending claims in the above-captioned application.
`
`5. Tunderstandthat an inventoris one who contributes to conception of whatis being
`
`claimed in the above-captioned application, which courts have paraphrased as “the formation
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`in the mind of the inventor of a definite and permanentidea of the complete and operative invention
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`as it is thereafter to be applied in practice.” | further understand that a person who performs
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`work to confirm someoneelse’s idea is not an inventor, unless that person also contributed to
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`the conceptionofthe invention.
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`6. Hossein A. Ghoftani and Friedrich Grimminger, that are properlylisted as co-
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`authors on the Voswinckel article because oftheir contributions to the Voswinckel article, did
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`not contribute to conception ofthe presenUly claimed invention, so they are not co-inventors
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`of the presentclaims in this application.
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`7.
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`I further declare that all statements made herein of my own knowledgeare true and
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`that all statements made on information and belief are believed to be true; and further, that
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`these statements were made with the knowledge that willful false statements and the like so
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`made are punishable byfine or imprisonment, or both, under Section 1001 ofTitle 18 ofthe
`United States Code and that suchwillful false statements may jeopardizethe validityofthe
`ff
`application or anypatent resulting therefrom.
`ff
`fe
`
`
`August 20, 2015
`Date
`
`f
`y A
`f
`jibe
`df A(iw
`LA f
`Werner Seeger
`
`4835-6353-2837.1
`
`2-
`
`

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