Joint Appendix (Part 1)

12345678910111213141516171819202122232425262728DEFENDANTS contend that the asserted claims 1-10 and 16-18 of the ‘936 Patentare not supported by an adequate written description or enabled to the extent Plaintiffasserts that the turret is of heavier weight than the weight of the manifold, such that saidturret remains in a stationary position upon said manifold in any particular relativerotation between said turret and said manifold.DEFENDANTS contend that the asserted claims 11-15 of the ‘936 Patent are notsupported by an adequate written description or enabled to the extent Plaintiff asserts thatthe turret being of a heavier weight than that of the manifold so that both turret andmanifold remain stationary relative to one another after relative rotation between them hastaken place to communicate one of the magazines with the manifold’s chamber.B. Invalidity Under 35 U.S.C. §112(2)DEFENDANTS contend that the claim limitation “wherein said turret is of heavierweight than the weight of said manifold, such that said turret remains in a stationaryposition upon said manifold in any particular relative rotation between said turret and saidmanifold” in claim 1 of the ‘936 patent (and incorporated into dependent claims) makesthis claim indefinite as it is insolubly ambiguous.DEFENDANTS contend that the claim limitation “the turret being of a heavierweight than that of the manifold so that both turret and manifold remain stationaryrelative to one another after relative rotation between them has taken place tocommunicate one of the magazines with the manifold’s chamber” in claim 11 of the ‘936patent (and incorporated into dependent claims) makes this claim indefinite as it isinsolubly ambiguous.VI. DOCUMENT PRODUCTION – PATENT LOCAL RULE 3-4Pursuant to Patent Local Rule 3-4(a), DEFENDANTS are producing or makingavailable for inspection documents within the categories required by Patent Local Rule 3-4(a) and 3-4(b) concurrently herewith to the extent that such documents have not alreadybeen produced.- 6 -DEFENDANTS’ JOINT PRELIMINARY INVALIDITY CONTENTIONSCASE NO. CV10-02225-VBJ (JCx)-A219-