Joint Appendix (Part 1)

Ca e 2:1 0-cv-02225-JAK -JC Document 166 Filed 12/20/11 Page 5 of 7 P.age ID #:275123456-78'91011121314)151617·18192021222324'252627D. Anticipation6. HAS DEFENDANT PROVEN THAT IT IS HIGHLY PROBAULE THATCLAIM 1 OF T·HE '936 PATENT WAS"ANTICIPATED" OR, INOTHE~WORDS, NOT NEW?Answer the following quest~on regarding invalidity with a "Yes H or teNo".A "Yes" is a finding for Defendant. A "No " is afinding for Plaintiff.Ifthe answer is "Yes", check any reason. below that is applicable:__ Plaintiffs invention was already patented or described in aprinted publication somewhere in the world before the date ofconception.__. -Plaintiffs invention was already described in another issued U.S. patentthat was based in a patent application filed before the date ofconception.Plaintiffdid not invent the claimed invention but instead learned ofthe claimed invention from someone else.7. HAS DEFENDANT PROVEN THAT IT IS HIGHLY PROBABLE THATCLAIM 11 OF THE '936 PATENT WAS "ANTICIPt;\TED"'OR, IN OTHERWORDS, NOT NEW?Answer the following question regarding invalidity with a uYes" or "No".A HYes" is afindingfor Defendant. A "No n is afindingfor Plaintiff.YesNO·~Ifthe answer is "Yes", check any reason below that is applieable:_._ Plaintiffs invention was already patented or described in aprinted publication, somewhere in the, world before the date ofconception.__ Plaintiffs invention'was already described in another issued U.S. patentthat was based in a p~tent application filed before the date.of conception.Plaintiff did not invent the claimed invention but instead learned ofthe claimed invention from someone else.' ,-A85-