PTO/AlA/26 (04-14)
`Approved for use through 07/31/2016. OMB 0651-0031
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
`REJECTION OVER A “PRIOR” PATENT
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`DOCket Number (Optional)
`1861 -2700001/JMC/MSB
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`In re Application of: Purdue Pharma L.P.
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`Application No.: 14/500,409
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`Filed: September 29, 2014
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`For: Buprenorphine-Wafer for Drug Substitution Therapy
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`percent interest in the instant application hereby
`199
`, owner of
`The applicant, Purdue Pharma L.P.
`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 of the full statutory term of prior patent No. 12/439,410
`as the term of said prior patent is presently
`shortened by any terminal disclaimer. The applicant 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 grantee, its successors or assigns.
`
`In making the above disclaimer, the applicant does not disclaim the terminal part of the term of any patent granted on the instant application
`that would extend to the expiration date of the full statutory term of the prior patent, “as the term of said prior patent is presently shortened by
`any terminal disclaimer," in the event that said prior patent later:
`expires for failure to pay a maintenance fee;
`is held unenforceable;
`is found invalid by a court of competentjurisdiction;
`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 term as presently shortened by any terminal disclaimer.
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`Check either box 1 or 2 below, if appropriate.
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`1. CI The undersigned is the applicant.
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`If the applicant is an assignee, the undersigned is authorized to act on behalf of the assignee.
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`I hereby acknowledge that any willful false statements made are punishable under 18 U.S.C. 1001 by fine or imprisonment of not more
`than five (5) years, or both.
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`2.
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`The undersigned is an attorney or agent of record. Reg. No. 58,885
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`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`
`/Matthew S. Bodenstein/
`May 26, 2015
`Signature
`Date
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`Matthew S. Bodenstein
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`Typed or printed name
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`Attorney
`Title
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`202-371-2600
`Telephone Number
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`Terminal disclaimer fee under 37 CFR 1.20(d) included.
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`and Trademark Office, US. Department of Commerce, PO. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
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