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Attorney Docket No. 08702.0039-02000 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re Application of: 



WANG et al. 



Group Art Unit: 1647 



Application No.: 09/804,625 



Examiner: D. Romeo 



Filed: March 9, 2001 



Confirmation No.: 2656 



For: 



NOVEL BMP PRODUCTS 



Commissioner for Patents 
PO Box 1450 

Alexandria, VA 22313-1450 



Sir: 



TERMINAL DISCLAIMER 



I, Thomas S. Szatkowski, represent that I am an Assistant Secretary of Genetics 
Institute, LLC, formerly known as Genetics Institute, Inc., and am empowered to act on 
behalf of Genetics Institute, LLC. Genetics Institute, LLC is the assignee of record of the 
entire right, title, and interest in and to the invention in the subject application and U.S. 
Patent No. 5,166,058, by virtue of an Assignment recorded at Reel/Frame 0051 19/0329 
and name changes recorded at Reel/Frame 012772/0631 and 012937/0815. 

On behalf of Genetics Institute, LLC, I hereby disclaim, except as otherwise 
provided herein, the terminal part of any patent granted on the subject application which 
would extend beyond the expiration date of the full statutory term, including statutory 
extensions thereof of U.S. Patent No. 5,166,058, except to the extent that the term of this 
application No. 09/804,625 might be extended pursuant to the Drug Price Competition and 
Patent Term Restoration Act of 1984 (35 USC §156) or any other applicable act of 
Congress, and hereby agree that any patent so granted on the subject application shall be 
enforceable only for and during such period that the legal title to said patent shall be the 
same as the legal title to U.S. Patent No. 5,166,058, this agreement to run with any patent 
granted on the subject application and to be binding upon the grantee, its successors or 
assigns. 

Genetics Institute, LLC, does not disclaim any terminal part of any patent granted 
on the subject application prior to the expiration date of the full statutory term of U.S. 
Patent No. 5,166,058 in the event that such patents later: expire for failure to pay a 
maintenance fee; are held unenforceable; are found invalid by a court of competent 
jurisdiction; are statutorily disclaimed in whole or terminally disclaimed under 
37 CFR 1.321(a); have all claims cancelled by a reexamination certificate; are reissued; or 
are otherwise terminated prior to the expiration of their statutory term, except for the 
separation of legal title stated above. 



Attorney Docket No. 08702.0039-02000 
Application No.: 09/804,625 



Pursuant to 37 CFR 3.73(b), I have reviewed all the recordation information above 
or all documents in the chain of title of the subject patent application and, to the best of my 
knowledge and belief, title is in the assignee identified above. 

I hereby declare that all statements made herein of my own knowledge are true and 
that all statements made on information and belief are believed to be true; and further, that 
these statements are made with the knowledge that willful false statements and the like so 
made are punishable by fine or imprisonment, or both, under Section 1001, Title 18 of the 
United States Code, and that such willful false statements may jeopardize the validity of 
the application or any patent issuing thereon. 

In accordance with the fee schedule set forth in 37 C.F.R. § 1 .20(d), the required 
fee of One Hundred and Thirty Dollars ($130.00) is being filed with this disclaimer. 



Date: GENETICS INSTITUTE, LLC (formerly 




2006 




Thomas S. Szatkowski 
Assistant Secretary 



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