GG:braj 
7-3078 
AhSVER TO PLAINTIFF'S SEVENTH CLAIM 
36. Defendants answer paragraph 100 by repeating 
defendants' responses to paragraphs 1 through 40 and 55 
through 99 of the complaint. 
37. Defendants admit the allegations of paragraph 
102 of the complaint. 
38. Defendants deny each and every allegation 
contained in paragraphs 104 and 105 of the complaint. 
39 . Defendants deny each and every allegation of 
paragraph 103 of the complaint and allege that as of June 
13, 1977 the Recombinant DliA Molecule Committee had 14 
members . 
40. Defendants neither admit nor deny the allega- 
tions of paragraph 101 of the complaint because that 
paragraph contains only allegations of lav rather than 
allegations of fact, to which no responsive pleading is 
required. Defendants respectfully refer the Court to the 
text of the statutes, regulations and guidelines cited by 
plaintiff, and cases decided thereunder for full statements 
of the applicable lav. 
AS A FIRST AFFIRMATIVE DEFENSE 
41. The complaint fails to state a claim upon 
which relief can be granted. 
AS A SECOND AFFIRMATIVE DEFENSE 
42. Plaintiff lacks standing to assert the claims 
for relief set forth in the complaint under the Administra- 
tive Procedure Act, 5 U.S.C. §551 et sec i . . the Public Health 
Service Act, 42 U.S.C. § 201 et see. , and the Federal 
Advisory Committee Act, 5 U.S.C. App. I, and the regulations 
promulgated pursuant to the cited statutes. 
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[B-51] 
