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20 FAI 617 665 8877 



LEGAL DEPARTMENT 



©002 



F I N N EC AN 
HENDERSON 
FARABOW 
GARRETT& 

D UN NER \±Z 

1300 I Street NW 
Washington, DC 20005 
202.40B.4O00 
Fax 202.408.4400 
www.finnegan.com 



PATENT 
Customer Number 22,852 
Attorney Docket No. 08702.0039-02000 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 
In re Application of: 



WANG etal 

Application No.: 09/804,625 
Filed: March 9, 2001 
For: BMP PRODUCTS 



Commissioner for Patents 
P.O. Box 1450 
Arlington, VA 22313-1450 



Group Art Unit: 1 647 
Examiner: Davis S. Romeo 




n FEB 2 0 200*1 j| 



Sir: 



DECLARATION UNDER 37 C.F.R. S 1.801-1.809 
REGARDING DEPOSIT OF BIOLOGICAL MATERIALS 



I do hereby declare and state that: 

1 . On information and belief, the Applicants have, under the provisions of the 
Budapest Treaty, deposited viable cultures of Bacteriophage lambda containing human 
DNA sequences for a bone growth factor, U20S-39 and U20S-3, on June 16, 1987, in 
the American Type Culture Collection, 10801 University Boulevard, Manassas, VA 
201 10. The accession numbers for these deposits are ATCC 40345 and 40342, 
respectively. Copies of the International Form, Receipt of Original Deposit, and Viability 
Statement are attached to this Declaration. 



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



LEGAL DEPARTMENT 



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On information and belief, the cultures were deposited under conditions 



which insure that access to the cultures will be available to persons determined by the 
Commissioner to be entitled thereto under 37 C.F.R. §1.14 and 35 U.S.C. § 122. 

3. Upon issuance of a patent on the above-identified patent application, or 
continuation applications thereof, any restriction as to the public availability of the 
deposits will be irrevocably removed, and the deposits will be replaced should the 
depository be unable to distribute a sample upon a proper request, during the 
enforceable life of the patent, or the period of five years after the last public request for 
the deposits, whichever period is longer. 

4. The undersigned further declares that all statements made herein on his 
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, under Section 1001 of Title 18 of the United States Code and 
that such willful false statements may jeopardize the validity of this document or any 
patent issuing thereon. 



FIN N EC AN 
HENDERSON 
FARABOW 
GARRETT & 
DUNNERtii 

1300 I Street, NW 
Washington, DC 20005 
202.408.4000 
Fax 202.408.4400 
www.fmnegan.com 





M. Andrea Ryan 
Assistant Secretary 
Genetics Institute, LLC 



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