Joint Appendix One

Case 2:10-cv-07678-JFW -DTB
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Document 64-3
#: 1244
Filed10/07/11 Page6ofl0 PagelD
previous response dated June 3, 2009." The third Meyerhofer declaration states:
6. On or before December 19, 2000,
FutureLogic entered into a codevelopment project with a
soft drink manufacturer for a promotional couponing
system for use with vending machines. FutureLogic and
the soft drink manufacturer shared the costs of the project
which resulted in payments to FutureLogic to cover a part
of FutureLogic's costs. During the project and for a
period of time afterward, both FutureLogic and the soft
drink manufacturer were subject to a mutual non-
disclosure agreement regarding the project.
7. As part of Future Logic's contribution to the
project, a number of prototype promotional printers
having the features of the invention were constructed by
FutureLogic for experimental use during the period of the
project ....
8. After being constructed, the prototype
promotional printers were operated for a period of time by
FutureLogic and the soft drink manufacturer as described
in my previous declarations under 37 CFR § 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 operational
period, the prototype promotional printers were only
accessible by the technical personnel of Future Logic 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.
37. On June 25, 2009, the PTO issued a Notice of Allowance mid
withdrew its 35 U.S.C. § 102(b) rejection based upon FutureLogic's
representations.
Proposed
Additions to
Answer
38. On March 20 and March 31, 1997, FutureLogic signed two Non-
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