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02/03/2004 10:20 FAX 617 665 8877 



LEGAL DEPARTMENT 



©004 




0 



& 



Amer^Ln Type Culture ttoiiection^Sffi^ 

12301 Pwkbwn Dri« • RotkvUle. MD 20852 USA • Telephone: (301)881-2600 T«le«: 898-055 ATCCNORTH 



BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF 
THE DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE 

INTERNATIONAL FORM 

RECEIPT IN THE CASE OF AN ORIGINAL DEPOSIT ISSUED PURSUANT TO RULE 7.3 
AND VIABILITY STATEMENT ISSUED PURSUANT TO RULE 10.2 
To: (toe and. Address of Depositor or Attorney) 



Genetics Institute, Inc. 
87 CasbridgePark Dri*e 
Cartridge, Massachusetts 02140 
Attention: John Homey 

Deposited on Behalf of: Genetics Institute, lac. 

Identification Seferenee by Depositor: 



pEffflQMEFj) 



n FEB 2 0 200* 



' AICC Designation 



Bacteriophage laibda containing a huian DNA sequence for a bone growth factor, U20S-3 40342 J 

Bacteriophage laibda containing a huian DNA sequence for a bone grovtb factor, Laibda U2-0S-1 40343 

Bacteriophage laibda containing a bovine genoiic DNA sequence, laibda BP819 40344 

Bacteriophage laibda containing a huian DNA sequence for a bone grovtb factor, 020S-39 40345 

The deposits were accompanied by: * a scientific description a proposed taxonoiic description indicated 

above. 

The deposits nere received June 16. 1987 by. this International Depository Authority and have been accepted. 

AT TOM RUDEST: 

X He will infon you of requests for the strains for 30 years. 

He rill not infon you of requests for the strains. 

The strains are available to the scientific public upon request as of 

The strains vill be aade available if a patent office signatory to the Budapest Treaty certifies one's rifcht to 
receive, or if a U.S. Patent is issued citing the strains. 

If the cultures should die or be destroyed during the effective tera of the deposit, it shall be your responsibility 
to replace thei with living cultures of the saie. 

The strains vill be aaintained for a period of at least 30 years after the date of deposit, and for a period of at 
least five years after the lost recent request for a saiple. The United States and lany other countries are 
signatory to the Budapest Treaty. 

The viability of the cultures cited above were tested June 19. 1987 . On that date, the cultures were viable. 
International Depository Authority: Aaerican Type Culture Collection, Rockville. Hd. 20852 USA 
Signature of person having authority to represent ATCC;_ 




Date: June 19, 1987 
cc: ^Hary E. SaJc 



(Mrs 7) Bobbie A. Brandon, Head, ATCC Patent Depository 



Fen BP 4/9 



ATtt 



J)J2i 03/2 004 10:21 FAX 617 665 8877 



LEGAL DEPARTMENT 



@005 




/ 



udavest Treaty Deposits 



GI 5071 



American Type Culture Collection 

12301 P.rkl.wn Driv. • Rockville. MD 20852 USA • Telephone: (301)881-2600 Telex: 898-055 ATCC NORTH 



TO DEPOSITOR TO CONVERT A DEPOSIT TO MEET THE REQUIREMENTS OF 
BUDAPEST TREATY ON THE/lNTERNATIONAL RECOGNITION OF TH E - * 
DEPORT OF MicROORGANlSMS^FOR THE PURPOSES OF PATENT PROCEDURE 



•I. Name of microorganism or culture 



Bacteriophage lambda containing a hmnan. DNA 



bone growth factor 
2. Strain designation given by the depositor (number, symbols, etc.) 



U20S- 



§1 

Wb 1 



%4 



3. Is this an original deposit under the Budapest Treaty? ■ VfiS 

4. Is this a request for a conversion of a deposit already at the ATCC to meet the requireMeWJ WlREOTfipSf 
Treaty? (If so. indicate ATCC designation.) 

5. Is this deposit a mixture of microorganisms? 



JiCL 



No 



6 Details and conditions necessary for the cultivation of the strain, for its storage and for testing its viability and also, where a 
mixture of microorganisms is deposited, descriptions of the components of the mixture and at least one of the methods 
permitting the checking of their presence. , . 

Cultivate in coli C600-. under standard conditions 

S tore ii^ . at -t70°C „ :::: :„^,„., ::: ,-,, A - • - ,- — 

7. An indication of the properties of the strain which are or may be dangerous to health or the environment, or an indication 
that the depositor is not aware of such properties. None ; _ 



•8. It is recommended that sufficient description be provided to allow the ATCC to confirm that the strain deposited generally 
conforms to that which the depositor states is being deposited (i.e.. Gram negative rod). 

Phage lambda 



•9. Is this strain zoopathogenic? 



No 



phytopathogenic? . 

10. Does this strain contain plasmids relevant to the patent process? XKX No— 



No 



If so, what physical containment level is required for experiments as described in the National Institutes of Health 
Guidelines involving Recombinant DNA Molecules (i.e., PI. P2. P3 and P4 facility)? . 



•The answers to these questions are recommended but not required. 



ATCC NO. 



FOR ATCC USE ONLY 

-4^42 



DATE CULTURE RECEIVED 



DATE VIABILITY TEST COMPLETED 



Form BP I (Page I of 2) 



02/03/2004 10:21 FAX 617 665 8877 LEGAL DEPARTMENT ©006 



•II. Isolated from? 



hWKL -enomic DNA library 



1 2. In addition to those entitled to a sample under the Budapest Treaty, do you wish the strain made available to (Those emitlec/" 
to a sample under the European Patent Convention will receive samples.): V 

a. Anyone who requests a culture (no restrictions on distribution from date of deposit or conversion to Budapest)? — S?° 



i» * * . South Africa, 

b. Other countries which are not signatory to the/Budapest Treaty? Please state which countries: — 



Argentina, Canada, Chile, Columbia..- Greece, Ireland, Israel, Malaysia. Mexic o. New 

Zealand, Portugal, Taiwan / 
After a U.S. Patent issues, the ATCC makes the culture available to anyone who requests it. 

13. Do you wish the ATCC to inform you of all requests for this strain? (This is allowed under the Treaty, but if you waive 
the right, the fee is reduced.) Yes ■ \ < , 

14. Would you like to be notified via telex or telephone of the ATCC number assigned to your strain (Fee: 510.)? Yqs 
Telex No. QAR71Q !_ Telephone No. (617) 876-1170 



IS. Viability testing certificate and contracts should be directed to: 

Mary E. Bak 

Conocico InGtifcut a , In c. 



ft 7 raTnKr-MgpParlc Drive 



Cambridge, MA 02140 



16. Check in payment of service must accompany the deposit unless prior arrangements are made and approved. If arrange- 
ments have been made to bill you for services, an invoice should be sent to: - 

Mary E. Bak f 
— — — — - . — Cane tics Innrlrurp, Tnr. — . — — . ^ 

87 CambridgePark Drive • 

Cambridge, MA 02140 

17. Name and address of attorney (to whom information will be made available if you complete): 

Mary E. Bak 



■ ' Genetics Institute, Inc., 87 CambridgePark Drive, Cambridge, MA 02 14 

18. Additional comments: ; 



/ understand and agree thai the deposit may not be withdrawn by me for the period specified in Rule 9.1 of the Budapest 
Treaty (at least 30 years after the date of deposit), « 

DATE. SIGNATURE OF DEPOSITOR fir^i 1 - tMA&Jti^ 

Genetics Institute, Inc. ' John Wozney 



On behalf of (Name of company or institution if signed on their behalf) (Typed name of Depositor) 

Address: Genetics Institute, Inc. 

87 CambrideePark Drive 



ramhHrlgp, MA QUAIL 



THIS FORM MUST BE COMPLETED IN ENGLISH 

ADDRESS SHIPMENTS AND FORM TO THE ATTENTION OF: Mrs. Bobbie A. Brandon 

American Type Culture Collection 
1 230 1 Parklawn Drive 
Rockville, Maryland 20S52 USA 

•The answers to these questions are recommended but not required. F orm bp i (Page 2 of :» 

II .*0 13 



( 



1 



/o * 

FEB 0 9 2DC4 *| 



CERTIFICATE OF MAILING UNDER 37 C.F.R. § 1.8 



I hereby certify that this correspondence is being deposited with the United 
States Postal Services under 37 C.F.R. § 1 .8 on the date indicated below and is 
addressed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 
22313-1450 



on February 3, 2004 



Date 





Kathleen M. Bastarache