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PTO/SB/2'fl&§-00) 

Approved for use through 10/31/02 01^6 06^0311-* 

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TRANSMITTAL 
FORM 

(to be used fo r all correspondence after initial f^ng) 



Application Number 



Filing Date 



First Named Inventor 



Group Art Unit 



Examiner Name 



09/864,621 



O 



May 23, 2001 



to 



H. Ralph SNODGRASS 



1633 



To Be Assigned 



Total Number Of Pages In This Submission 



10 + 12 

Refs. 



Attorney Docket No. 



441472000110 



ENCLOSURES (check all that apply) 



|~| Fee Transmittal Form 

1^ Fee Attached 
|~| Amendment / Reply 

| | After Final 

I I Affidavits/declarations 
n Extension of Time Request 

\ I Express Abandonment Request 

[77] Information Disclosure Statement (3 
" pages) 

l~l Certified Copy of Priority Document(s) 

□ Response to Missing Parts/ 
Incomplete Application 

□ Response to Missing Parts 
under 37 CFR 1.52 or 1.53 



□ Assignment Papers r— i 

(for an Application) |_| 

I I Drawing(s) Q 

I \ Licensing-related Papers Q 

| | Petition Q 

□ Petition to Convert to a i — i 

Provisional Application |_J 

□ Power of Attorney, Revocation rrri 

Change of Correspondence Address IzSl 

I j Terminal Disclaimer 
n Request for Refund 
I | CD, Number of CD(s) 



After Allowance Communication to 
Group 

Appeal Communication to Board of 
Appeals and Interferences 

Appeal Communication to Group 
(Appeal Notice, Brief, Reply Brief) 

Proprietary Information 
Status Letter 

Other Enclosure(s) (please identify 
below): 

Form PTO-1449 (1 page in duplicate) 
12 cited references 
International Search Report (4 pages) 
Return receipt postcard 



Remarks 



SIGNATURE OF APPLICANT, ATTORNEY OR AGENT 



Firm 
or 

Individual Name 



Morrison & Foerster LLP, 755 Page Mill Road, Palo Alto, CA 94304-1018 
Cara M. Coburn, Reg. No. 46,631 



Signature 



Date 



February 22, 2002 



CERTIFICATE OF MAILING BY "FIRST CLASS MAIL" 
Martina Placid ^ 



FORMS TO THIS ADDRESS. SEND TO: Assisten, Co^i'"™aS^ *>*"■ ^ NOT SEND FEES OR COMPLETED 



pa-669372 




PATE&T s 
Docket No. 44147200VH0 S 



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CERTIFICATE OF MAILING BY "FIRST CLASS MAIL" rr! 

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1 hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressQplip: 
Assistant Commissioner for Patents, Washington, D.C. 2023 1 , on February 22, 2002. ^ 



Martina Placid 



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CO 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In the application of: 

H. Ralph SNODGRASS 

Serial No.: 09/864,621 

Filing Date: May 23, 2001 

For: TOXICITY TYPING USING 
EMBRYOID BODIES 



Examiner: To Be Assigned 
Group Art Unit: 1633 



SUPPLEMENTAL INFORMATION DISCLOSURE 
STATEMENT UNDER 37 C.F.R. § 1.97 AND § 1.98 



Assistant Commissioner for Patents 
Washington, D.C. 20231 

Dear Sir: 



Pursuant to 37 C.F.R. § 1.97 and § 1.98, Applicant submits for consideration in the 
above-identified application the documents listed on the attached Form PTO-1449. Copies of the 
documents are also submitted herewith. The Examiner is requested to make these documents of 
record. 



pa-664738 



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The documents numbered 1-7 listed on the attached Form PTO-1449 were cited in Search 
Reports mailed on November 21, 2001 (copies attached) directed to related international 
applications. Please note the cited PCT publication No. WO 97/13877, as well as the cited 
articles "Exploiting Chemical Libraries, Structure, and Genomics in the Search for Kinase 
Inhibitors," by N.S. Gray and "Automated Array Technologies for Gene Expression Profiling," 
by Maier et al. were not included on form 1449 as they were both cited in a previous Information 
Disclosure Statement submitted for the present Application 

This Information Disclosure Statement is submitted: 

£3 Within three months of the application filing date or before mailing of a first 
Office Action on the merits; accordingly, no fee or separate requirements are 
required. 

I~l After receipt of a first Office Action on the merits but before mailing of a final 
Office Action or Notice of Allowance. 

I I A fee is required. A check in the amount of * is enclosed. 
I I A fee is required. Accordingly, a Fee Transmittal form (PTO/SB/17) is 
attached to this submission in duplicate. 

□ A Certification under 37 C.F.R. § 1 .97(e) is provided below; accordingly; 
no fee is believed to be due. 

O After mailing of a final Office Action or Notice of Allowance, but before payment 
of the issue fee. 

□ A Certification under 37 C.F.R. § 1.97(e) is provided below and a check in 
the amount of * is enclosed. 

I~l A Certification under 37 C.F.R. § 1 .97(e) is provided below and a Fee 

Transmittal form (PTO/SB/17 is attached to this submission in duplicate. 



Applicant would appreciate the Examiner initialing and returning the Form PTO-1449, 

indicating that the information has been considered and made of record herein. 

2 Serial No. 09/864,621 

Docket No. 441472000110 

pa-664738 



The information contained in this Supplemental Information Disclosure Statement under 
37 CF.R. § 1.97 is not to be construed as a representation that: (i) a complete search has been 
made; (ii) additional information material to the examination of this application does not exist; 
(iii) the information, protocols, results and the like reported by third parties are accurate or 
enabling; or (iv) the above information constitutes prior art to the subject invention. 

In the unlikely event that the transmittal letter is separated from this document and the 
Patent Office determines that an extension and/or other relief is required, applicant petitions for 
any required relief including extensions of time and authorizes the Assistant Commissioner to 
charge the cost of such petitions and/or other fees due in connection with the filing of this 
document to Deposit Account No, 03-1952 referencing 441472000110 . However, the Assistant 
Commissioner is not authorized to charge the cost of the issue fee to the Deposit Account. 

Dated: February 22, 2002 



Respectfully submitted, 



By: 




Cara M. Coburn 
Registration No. 46,63 1 



Morrison & Foersterixp 



755 Page Mill Road 
Palo Alto, California 94304-1018 
Telephone: (650) 813-4218 
Facsimile: (650) 494-0792 



pa-664738 



3 



Serial No. 09/864,621 
Docket No. 441472000110 



• 


• 


r iKJIoolyjo 

Sheet 1 of 1 


Form PTO-1449 


Docket Number 4414720001 10 


Application Number 09/864,621 


TXTT7/~\DA/f A TT/TNJ T^TCr^T (~\Q1 TQ Th PTTATTOM 
lNrUKMAl 1UIN iJlov^J^woUivc LAl/\livJiN 

IN AN APPLICATION 


Applicant jrl , 
H. Ralph SNODGRASS 

— i— ,, 


E ^^J/se several sheets if necessary) 


Filing Date May 23,2001 


Group Art Unit 1633 2g 




Mailing Date February 22, 2002 


t33 



Examiner 
Initials 


Ref. 
No. 


Date 


Document No. 


Name 


Class 


Subclass 


Filing Date If 
Appropriate 




1. 


11/19/1996 


5,576,207 


Reid et al. 










2. 


09/22/1998 


5,811,297 


Gopal 









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CO 



ro 



O 

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FOREIGN PATENT DOCUMENTS 



Examiner 
Initials 


Ref. 
No. 


Date 


Document No. 


Country 


Class 


Subclass 


Trans 
YES 


lation 
NO 




3. 


03/04/1999 


WO 99/10535 ai 


WIPO 












4. 


05/14/1999 


WO 99/23254 ai 


WIPO 












5. 


06/03/1999 


WO 99/27090 ai 


WIPO 












6. 


09/02/1999 


WO 99/44062 ai 


WIPO 












7. 


05/25/2000 


WO 00/29002 A2.3 


WIPO 











OTHER DOCUMENTS (including author, title. Date, Pertinent Pages, Etc.) 



Examiner 
Initials 


Ref. 
No. 


Title 




8. 


Flint, O.P. (1998). "Predicting In Vivo Toxicity," Toxicology in Vitro 12:591-595. 




9. 


Ling, V. and S. Neben. (1997). "In Vitro Differentiation of Embryonic Stem Cells: Immunophentypic 
Analysis of Cultured Embryoid Bodies," J. Cell. Physiology 171:104-115. 




10. 


Matsui et al. (1992) "Derivation of Pluripotential Embryonic Stem Cells from Murine Primordial 
Germ Cells in Culture," Cell 70:841-847. 




11. 


Seamark, R.F. (1994). "Progress and Emerging Problems in Livestock Transgenesis: A Summary 
Perspective," Reprod. Fertil. Dev. 6:653-657. 




12. 


Spielmann et al. (1997). "The Ebryonic Stem Cell Test, an In Vitro Embryotoxicity Test Using Two 
Permanent Mouse Cell Lines: 3T3 Fibroblasts and Embryonic Stem Cells," In Vitro Toxicology 
10(1):1 19-127. 



EXAMINER: 



DATE CONSIDERED: 



EXAMINER: Initial if citation considered, whether or not the citation conforms with MPEP 609. Draw a line through the citation if not in 
conformance and not considered. Include a copy of this form with next communication to applicant. 



PTO/SB/ 08 (2-92) Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 

pa-664805