Joint Appendix One

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Case 2:10-cv-07678-JFW-DTB Document 57-3 Filed 09/28/11 Page 3 of 37
#:943
8. After being constructed, the prototype promotional printers were
operated for a period of time by FutureLogie and the soft drink manufacturer as described
in my previous declarations under 37 CFK § 1.131 dated February 11, 2008 and August 12,
2008. The purpose of this operational period was to test the operation of the prototype
promotional printers in vending machines, The test results were used to further refine the
design of the prototype promotional printers. During this opexational period, the prototype
promotional printers were only accessible by the technical personnel of FutureLogic and
the soft drink manufacturer and were not accessible by the public.
9. At the end of the project, a decision was made not to commercialize
the prototype promotional printer design and none of the prototype promotional printers
were sold nor were they offered for sale.
10. 1 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 were made with the knowledge that willful false
statements and the like so made are punishable by fine or imprisonment, or both, under
Section 1001 of Title 18 of the United States Code, and that such willful false statements
may jeopardize the validity of this application and any patent issuing th.m'eon.
FCHS.WS 338742.2vI
Oate _k rJy_rhofer )"
-3-
• 00024.
Nanoptix' Summary Judgment Exhibit No. 3
-A0163-
Page tD
NAN04660