Joint Appendix One

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Case 2:10-cv-O7678-JFW-DTB Document 57-3 Filed 09/28/il Page 1 of 37 Page ID
#:941 NAN04656
REMARKS
In the previous response in this application dated June 3, 2009, Applicant
indicated that a supplemental declaration under 37 C.F.R. § 1.131 would be submitted under
separate letter. That submission was inadvertently delayed and is now being submitted herewith.
The contents and sufficiency of the supplemental declaration were discussed with
the Examiner in a telephonic discussion prior to submission of the previous response dated
June 3, 2009. During that discussion, the Examiner and Applicant's representative discussed the
outstanding rejection under 35 U.S.C. § 102(b) and what additional information in the form of a
supplemental declaration under 37 C.F.R. § 1.131, would be useful to the Examiner in
determining the allowability of thepend'mg claims. Applicant submits that the supplemental
declaration under 37 C.F.R. § t. 131 submitted herewith contains the additional information as
discussed.
-2-
00022
Nanoptix' Summary Judgment Exhibit No. 3
-A0161-