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Joint Appendix One

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Case 2:10-cv-07678-J FW -DTB Document 57-3<br />

#:942<br />

Filed 09/28/11 Page 2 of 37 Page ID<br />

3. I reoeived an undergraduate degree in Engineering from the<br />

University of California, Los Angeles (UCLA), specializing in electronics and computers.<br />

4. I am submitting this declaration as the inventor of the invention<br />

described and claimed in the above-identified patent application.<br />

5. i am aware that the Office Action dated December 3, 2008 rejected<br />

all of the pending claims in the above-identified application under 35 U.S.C. § 102(b)<br />

based on an alleged public use, sale or offer to sale of the invention to which the claims are<br />

direetext.<br />

6. On or before December 19, 2000, FutureLogic entered into a co-<br />

development project with a soft drink manufacturer for a promotional eouponing system<br />

for use with vending machines. FutureLogie and the soft drink manufacturer shared the<br />

costs of the project which resulted in payments to FutureLogie to cover a part of<br />

FumreLogie's costs. During the project and for a period of time afterward, both<br />

FutureLogic and the soft drink manufacturer were subject to a mutual non-disclosure<br />

agreement regarding the project.<br />

7. As pEtrt of FutureLogic's contribution te the project, a number of<br />

prototype promotional printers having the features of the invention were constructed by<br />

Futtr(e. Logic for experimental use during the period of the project. A representative<br />

example of the prototype promotional printers as constructed was described in my two<br />

previous declarations under 37 C.F.R. § l. 13 l dated February 1I, 2008 and August 12,<br />

2008.<br />

-2-<br />

00023<br />

Nanoptix' Summary Judgment Exhibit Nol 3<br />

-A0162-<br />

NAN04659<br />

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