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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________
`
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`FedEx Corp.
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC and Roelsis Wireless LLC,
`Patent Owner
`
`_____________________________
`
`U.S. Patent No. 9,047,586
`_____________________________
`
`Declaration of Mark Reboulet
`in Support of Petition for Inter Partes Review of
`U.S. Patent No. 9,047,586
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`FedEx Exhibit 1008
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`IV Exhibit 2104
`FedEx v. IV
`Case IPR2017-02043
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`Exhibit 2104 Page 1
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`I.
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` INTRODUCTION
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`1.
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`I, Mark Reboulet, submit this declaration to state my opinions on the
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`matters described below.
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`2.
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`I am currently employed as the President of Reboulet & Associates
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`LLC, a consulting firm based in Tipp City, Ohio, focusing on Automatic
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`Identififcation and Data Capture (AIDC) technologies, including Item Unique
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`Identification (IUID) as used by the Department of Defense (DOD), Unique
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`Device Identification (UDI) as used by the Food and Drug Administration, and
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`data capture and traceability in manufacturing generally.
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`3.
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`I have been involved in several committees at the American National
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`Standards Institute (ANSI) during my career. I was a voting member of the ANSI
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`MH10/SC8 subcommittee beginning in October 1993. The MH10/SC8
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`subcommittee was overseen by the Materials Handling Institute Committee 10
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`(MH10). All MH10/SC8 subcommittee meetings were open to the public.
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`4.
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`As a member of the ANSI MH10/SC8 subcommittee, I worked to
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`develop a standard for two-dimensional bar code symbols known as “American
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`National Standard for Material Handling—Unit Loads and Transport Packages—
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`Two-Dimensional Symbols, ANSI 10.8.3M-1996” (Ex. 1002), hereinafter the
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`ANSI Standard.
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`Exhibit 2104 Page 2
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`I prepared this Declaration on behalf of FedEx Corp. in connection
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`5.
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`with the Petition for Inter Partes Review of U.S. Patent No. 9,047,586, which is to
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`be filed concurrently with this Declaration.
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`II. BACKGROUND
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`6.
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`In 1982, I obtained a Bachelor of Science (“B.Sc.”) in Business
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`Administration (Marketing) from the University of Cincinnati in Cincinnati, Ohio.
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`7.
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`I also obtained a Master’s of Science (“M.Sc.”) degree in Logistics
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`Management from the Air Force Institute of Technology at the Wright Patterson
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`Air Force Base in Ohio in 1993.
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`8.
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`I attended my first MH10/SC8 subcommittee meeting at Monarch
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`Marking in Dayton, Ohio, in November 1993. This subcommittee was responsible
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`for drafting the ANSI Standard. As a member of the subcommittee, I was
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`personally involved in drafting the ANSI Standard.
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`9.
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`During my involvement with ANSI, ANSI standards were drafted and
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`published according to a formalized process. This process is described in ANSI’s
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`“Procedures for the Development and Coordination of American National
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`Standards” (Ex. 1009), hereinafter ANSI Procedures, as well as ANSI’s “Style
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`manual for preparation of proposed American National Standards” (Ex. 1010),
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`hereinafter ANSI Style Manual. Based on my personal knowledge, the drafting and
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`Exhibit 2104 Page 3
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`publication of the ANSI Standard undertaken by the subcommittee complied with
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`the process described in the ANSI Procedures and the ANSI Style Manual.
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`10. Based on my personal knowledge, as explained below, the ANSI
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`Standard was publicly available to any member of the interested public at least as
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`early as August 1996.
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`III. THE ANSI STANDARD
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`11. Around late 1995 or early 1996, the subcommittee’s drafting of the
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`ANSI Standard was announced to the public in a publication called Standards
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`Action, in accordance with the ANSI Procedures. (Ex. 1009 at 1.2.5, 3.4.3.) Once
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`announced, a public comment period began, lasting thirty to sixty days, as
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`provided by the ANSI Procedures. (Id. at 1.2.5.)
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`12. Following the public comment period, the ANSI Standard was
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`submitted to the Board of Standards Review (BSR) for approval as a standard. (Id.
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`at 1.3.1.) The ANSI Standard was approved by the BSR on July 15, 1996.
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`(Ex. 1002 at 2.)
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`13. Once approved, the ANSI Standard was published about thirty to forty
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`days after approval, which complied with the ANSI Procedures. (Ex. 1009 at 4.2
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`(“American National Standards shall be published and made available as soon as
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`possible, but no later than six months after approval as an American National
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`Exhibit 2104 Page 4
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Standard.”).) In my recollection, the ANSI Standard was published by
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`August 1996.
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`14. The ANSI Procedures required that, when published, the cover of the
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`ANSI Standard was marked with an approval logo, shown below in Figure A, and
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`the phrase “American National Standard,” to identify the ANSI Standard as an
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`approved standard of ANSI. (Ex. 1009 at 4.1.)
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`Figure A: ANSI Approval Logo from ANSI Procedures
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`
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`15. Upon publication, the cover of the ANSI Standard was marked with
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`the approval logo and the phrase “American National Standard,” as the ANSI
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`Procedures required. The cover of the ANSI Standard, bearing both the approval
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`logo and the phrase “American National Standard,” annotated in red, is shown in
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`Figure B below.
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`Exhibit 2104 Page 5
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure B: Cover of the ANSI Standard Showing
`ANSI Approval Logo and Phrase “American National Standard”
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`16. The ANSI Style Manual required that, when published, the ANSI
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`
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`Standard indicate the “Approval Date” on which the ANSI Standard was approved.
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`(Ex. 1010 at 4.4.1.) As shown in Figure C, below, the ANSI Standard indicates an
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`“Approval Date” of July 15, 1996, annotated in red.
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`Exhibit 2104 Page 6
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure C: Page 2 of ANSI Standard Showing Approval Date
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`17. The ANSI Style Manual required that, when published, the ANSI
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`Standard include a “copyright page” that includes a “copyright statement” and
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`identifies a “standard publisher and address.” (Ex. 1010 at 4.6.1.) As shown in
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`Figure D, below, the ANSI Standard includes a copyright statement indicating a
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`Exhibit 2104 Page 7
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`copyright date of 1996 and identifies “American National Standards Institute, 11
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`West 42nd Street, New York, NY 10036” as the publisher, as annotated in red.
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure D: Page 3 of ANSI Standard Showing Copyright Notice
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`18. Once it had published by August 1996, the ANSI Standard was
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`
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`available to any interested party. An interested party could obtain the ANSI
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`Standard by contacting the publisher, ANSI, as listed on the copyright page and
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`requesting a copy of the ANSI Standard.
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`19. By the time the ’586 patent was filed, it was widely known by those
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`working in bar code technology that ANSI published standards relating to bar code
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`symbology. (See, e.g., Ex. 1006 at 75 (“There is one umbrella ‘shipping label’
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`Exhibit 2104 Page 8
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`standard recognized worldwide called ‘ANSI MH10.8.M Bar Code Labels for Unit
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`Loads and Transport Packages.’”), 359 (“Following are the addresses and phone
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`numbers for purchasing copies of symbology standards . . .:ANSI —American
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`National Standards Institute, 11 West 42nd Street, 13th Floor, New York NY 10036.
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`The telephone number for ordering ANSI Standards is (212) 642-4900.”).)
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`20. Additionally, to make the interested public aware of published
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`standards, ANSI additionally published a catalog listing standards available for
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`purchase from ANSI. The “Catalog of American National Standards” (Ex. 1011),
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`hereinafter “ANSI Catalog,” included a list of standards available for purchase
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`from ANSI in 1997. The cover page of the ANSI Catalog is shown below in
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`Figure C. (Ex. 1011 at 1.)
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`Exhibit 2104 Page 9
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure C: Cover Page of ANSI Catalog
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`
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`21. Like the ANSI Standard, the ANSI Catalog identifies “American
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`National Standards Institute, 11 West 42nd Street, New York, NY 10036” as the
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`publisher, shown in Figure D below. (Ex. 1011 at 2.)
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`Exhibit 2104 Page 10
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure D: Excerpt from ANSI Catalog Showing Publisher
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`22.
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` The ANSI Catalog explains that the “[t]he American National
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`Standards are indexed alphabetically by subject” and, “[t]o aid users, many are
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`indexed under more than one term.” (Id.) And “‘See also’ references guide users to
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`terms that should also be checked for related standards.” (Id.) As shown below in
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`Figure E, the ANSI Catalog includes a listing for the ANSI Standard, annotated in
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`red. (Id. at 3.)
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`Exhibit 2104 Page 11
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Figure E: Excerpt from ANSI Catalog Showing Listing of ANSI Standard
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`23. Any member of the public could obtain a copy of the ANSI Standard
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`from ANSI. ANSI imposed no requirement for confidentiality on those receiving
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`
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`copies of the ANSI Standard.
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`IV.
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` CONCLUSION
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`24.
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`I hereby declare that all statements made herein of my own
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`knowledge are true, and that all statements made on information and belief are
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`believed to be true and that such statements are made with the knowledge that
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`willful false statements and the like are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Exhibit 2104 Page 12
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`Patent No. 9,047,586
`Declaration of Mark Reboulet
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`Dated:
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`fo f ~ J_o \1 By:
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`Mark Reboulet
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`Exhibit 2104 Page 13
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