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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MPL BRANDS NV, INC.
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`Petitioner,
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`v.
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`BUZZBALLZ, LLC
`Patent Owner.
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`PTAB Case No. PGR2024-00035
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`U.S. Patent No. 11,932,441
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`DECLARATION OF JOSEPH T. NORRIS
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`EX-1005 PGR2024-00035
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`I, Joseph T. Norris, do declare as follows:
`INTRODUCTION
`I.
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`1.
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`I am over the age of eighteen (18) and am otherwise competent to make
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`this Declaration. This Declaration is based on my personal knowledge and recollec-
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`tion.
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`2.
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`I have been engaged by MPL Brands NV, Inc. (“MPL”) as a consultant
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`in connection with MPL’s Petition for Post-Grant Review of U.S. Patent No.
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`11,932,441 (the “’441 Patent”). I understand that my Declaration will accompany a
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`petition for post grant review involving this U.S. Patent. I am being compensated
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`for the time that I work on this Declaration at my standard hourly rate of $125 per
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`hour and am being reimbursed for reasonable expenses that I may incur while work-
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`ing on this matter. I have no financial interest in the outcome of this matter or any
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`other matter that may exist between MPL and the Patent Owner. My compensation
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`does not depend in any way on the content of this Declaration.
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`3.
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`I have been asked to describe public availability of The Coca-Cola
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`Company PET (polyethylene terephthalate) cans that were filled and distributed by
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`Coca-Cola Bottling of Columbus, GA in 1985 and 1986. I have not been asked to
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`opine on whether this product is prior art to the ’441 Patent, nor have I been asked
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`to review the ’441 Patent or its claims.
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`EX-1005 PGR2024-00035
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`II. BACKGROUND AND EXPERIENCE
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`4.
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`In 1976, I earned a Bachelor of Science in Mechanical Engineering and
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`Materials Science from Union College in Schenectady, New York.
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`5.
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`From October 1977 through August 1990, I was a packaging engineer
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`for The Coca-Cola Company. During my initial time at The Coca-Cola Company, I
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`was responsible for package engineering and commercialization of Coca-Cola’s
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`PET products, including bottles and cans, closures for those products and labeling
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`or decoration systems for those products. I was responsible for products that were
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`distributed for Coca-Cola USA, Coca-Cola International, and Coca-Cola Northern
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`Europe while I was based in London. I led innovation projects that were commer-
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`cialized at bottling locations globally. This included early consumer research, prod-
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`uct compatibility and carbonation retention of the packages and establishing com-
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`mercial standards for the purchasing of these packaging components. Licensed bot-
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`tlers must procure their packaging materials from sources approved by The Coca-
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`Cola Company and meet standards I and my colleagues published. Training our
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`bottle partners was a key role in teaching them about new materials and bottling
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`practices.
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`6.
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`After my time at Coca-Cola, I was an Associate Director of Oral Care
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`and Director of Package Innovation for Colgate Palmolive Co. from 1990 through
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`EX-1005 PGR2024-00035
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`October 2005. During this time, I supported Colgate’s U.S. brands and manufactur-
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`ing of their packaging.
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`7.
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`In October 2005, I returned to The Coca-Cola Company as a Principal
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`Engineer for Global Packaging Research and Development. My work during this
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`time focused on early concept ideation, design, and engineering of alpha-stage prod-
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`ucts. I was part of the team that commercialized the resealable shaped aluminum
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`bottle, which had the iconic contour shape. I retired from Coca-Cola in June 2013.
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`A copy of my LinkedIn profile, which shows my employment history, is included as
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`an appendix to this Declaration.
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`8.
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`After my retirement from Coca-Cola, I established Packaging Strate-
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`gies and Solutions LLC, where I provide consulting services to companies in the
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`packaging industry.
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`9.
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`I am the named inventor on 19 U.S. patents.
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`III. DEVELOPMENT OF THE COCA-COLA COMPANY PET CAN
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`10.
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`I am familiar with a PET can that Coca-Cola developed and commer-
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`cialized in the mid-1980s. The project to commercialize a plastic can for Coca-
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`Cola’s soft drink products (e.g., Coke (referred to a “Coke Classic” for a period of
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`time), Diet Coke, Sprite) started in 1983 under the project name “PCAN.”
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`11.
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`I took over as project manager of PCAN in 1984. Our goal for the
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`PCAN project was to mimic the design and shape of Coca-Cola’s 12oz aluminum
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`EX-1005 PGR2024-00035
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`cans that were on the market at the time using PET for the body of the can instead
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`of aluminum, while maintaining an aluminum top. The differentiator was that these
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`cans were clear and allowed the product to be seen through the container. The project
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`also fit into a self-manufacturing strategy that Coca-Cola was undergoing at the time.
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`12. PET is a resin from the polyester family. Coca-Cola began looking for
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`plastic alternatives to their aluminum cans, in part, because Coca-Cola was transi-
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`tioning to a co-op model for its PET bottle manufacturing process (e.g., Coca-Cola
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`two-liter bottles). Under this model, Coca-Cola would bring its manufacturing pro-
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`cess in-house instead of relying on independent suppliers (of the aluminum cans, for
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`example) to manufacture its products. A reliance on PET cans would decouple can
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`costs from the aluminum commodity market and provide more control of costs and
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`any associated increases. It would also fit Coca-Cola’s existing bottle manufactur-
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`ing strategy.
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`13. The PET can was developed by Coca-Cola in conjunction with Petainer
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`S.A., based in Neuchatel, Switzerland, with R&D labs in Malmo, Sweden. Petainer
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`manufactured the PET cans in PLM’s1 facility in Dongen, Netherlands, using Krupp
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`Corpoplast special forming equipment. Petainer was responsible for the preform
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`and manufacturing process of the PET body of the can. A “preform” is an interme-
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`diate shape of the PET plastic that is used in the manufacturing process. The PET is
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`1 PLM was Petainer’s parent company.
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`EX-1005 PGR2024-00035
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`heated and injected into a mold that creates the intermediate shape. The following
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`is an image of a preform from the mid-1980s that shows the shape of the preform
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`used for the PCAN project. The image below, from U.S. Patent No. 4,803,0242,
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`shows the preform shape in the forming model where the heated preform is drawn
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`into the final can shape.
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`2 The ’024 patent is assigned to Petainer S.A. and describes a Method of Producing
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`a Container of plastic material.
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`At the rounded end of the preform, there is a nub at the spot where the PET is injected
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`into the mold called a gate.
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`14. An example of the PET container used for the Coca-Cola products fol-
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`lowing the molding process but before filling, adding the aluminum top, or adding
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`the label is shown below. Petainer used an extrusion process to create is PET con-
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`tainer products, such as described in the ’024 patent.
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`15. Conversely, in the bottle making process, the preform is used in a blow-
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`molding process, whereby the preform is reheated and then placed into a mold that
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`is shaped like the final container. The PET in the shape of the preform is heated and
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`then air is blown into the preform causing it to expand into the shape of the mold.
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`In some blow-molding processes, a stretch rod is also inserted and used to press the
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`bottom-center portion of the preform down to the bottom of the mold. The excess
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`portions of the PET are then trimmed. Subsequent cans manufactured by Continen-
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`tal PET and Nissei Technology Corporation used a blow-molding and trimming pro-
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`cess, similar to this bottle making process.
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`16.
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`I understand that Petainer patented the technology that it used to man-
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`ufacture the PET body of these cans. The bottom of the Coke PET cans bear the
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`marking “PETAINER ® PAT 4,405,546 AND OTHERS,” as show in the image
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`below3:
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`3 This is a photo of the bottom of a Coke PET can that was sold by Coke in 1985.
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`I have several such cans in my possession bearing labels for Coke (which was later
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`renamed “New Coke,” as discussed below), Coke Classic, Diet Coke, and Sprite,
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`and all bear this same marking on the bottom.
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`17. Petainer was also responsible for applying the PVC shrink sleeve that
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`was put over the clear PET body to identify the type of Coca-Cola product that would
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`be sold in these containers. The following is an image of the Coke (i.e., Coca-Cola
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`Classic), New Coke, Diet Coke, and Sprite PET cans that Coke sold in 1985 with
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`the shrink Sleeves covering the PET cans:
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`18. As part of my role as Project Manager for PCAN, I visited and worked
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`with Petainer’s manufacturing facility in Dongen. The manufacturing line was setup
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`with Krupp Corpoplast forming equipment from their facility in Hamburg, Germany.
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`PLM and Petainer (related companies) did the preform injection and operated the
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`equipment to make the 12oz PET cans. American Fuji Seal PVC sleeving systems
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`were used to apply the sleeve decoration over the upside down can, which were then
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`heat-shrunk in place on the PET can body.
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`19. Petainer would ship the PET can body from its plant in Dongen, Neth-
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`erlands to Coca-Cola’s canning line in Columbus, Georgia, where I spent most of
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`my time as project manager for PCAN to oversee completion of the finished product
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`before it was distributed for sale to the public.
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`20. After the PET can body was received by Coca-Cola at its Columbus,
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`Georgia canning line, Coca-Cola Bottling of Columbus, GA would fill the container
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`with one of the formulas and would seal the container with a standard aluminum
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`SOT (stay on tab) top. The PET cans were distributed via route trucks to retailers in
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`Western Georgia and Eastern Alabama. Supermarkets like Winn Dixie and Piggly
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`Wiggly carried them, along with convenience stores in the region.
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`21. The goal of the PCAN project was to develop a PET can that was inter-
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`changeable with the existing 12oz aluminum can. The PET can is very close in
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`shape and size to the existing 12oz aluminum can and mimicked its profile, but it
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`was taller because of the base. Specifically, due to the pressure of a carbonated
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`beverage and the material strength of PET, the “pushup” base at the bottom of the
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`can (i.e., the deformation in the bottom of the can that extends up into the PET can
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`body) was larger than the pushup portion of the base of the aluminum can.
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`22. The minor changes in the shape of the PET can body did not materially
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`affect the filling and assembly process at Coca-Cola’s Columbus, Georgia facilities
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`but a few adjustments were made. Specifically, the seamer and filler heights were
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`adjusted up to account for the taller PET cans versus aluminum cans. The chuck and
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`rolls in the seamer were also changed to a new specification and geometry we
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`developed with the Angelus Company, based in California. The rest of the canning
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`line ran normally, and the PET cans were palletized like aluminum cans. After they
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`were filled and assembled, the PET cans were arranged into six-packs and put into
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`corrugated trays of four six-packs (i.e., twenty-four cans per try) and palletized for
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`distribution.
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`23. When the PET cans go into the filler, a pressure seal is created and a
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`counter pressure from the bowl CO2 gas is flushed to equilibrate the can pressure to
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`the bowl. After the carbonated beverage is filled, the CO2 is snifted and the filled
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`cans move to the seamer where an aluminum lid is attached. The flange is necessary
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`during this process, so that the product is sealed in the filler and counter pressure is
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`maintained.
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`24. Part of the filling and assembly process also included sealing the filled
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`product with the aluminum lid. At the top of the PET can body, there was a flange
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`or lip, which was very important to maintain a seal between the PET body and top
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`of the can. The flange was not at a right angle but did angle away from the body of
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`the PET can to receive the lid. The aluminum lid is slightly larger than the flange
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`on the PET can body, which allowed it to be folded over part of the flange to create
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`a seal referred to as double seaming, where two components create an overlap seal
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`and the compound in the end is compressed to create a liquid and gas seal. The
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`flange can be seen in the close-up image4 of the unfilled container below:
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`4 This image was taken by MPL’s counsel. It is consistent with my personal
`knowledge of the assembly process for Coca-Cola’s PET cans and shows the seal
`resulting from the double seaming process.
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`The containers used for the Coca-Cola PET cans in 1985 had this same flange.
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`25. After the PET can products were filled and assembled by Coca-Cola’s
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`Columbus, Georgia canning line, they were ready for commercial distribution.
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`IV. COMMERCIALIZATION AND SALE OF COCA-COLA PET CAN
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`26. Coca-Cola went to market with four products in its PET can, starting in
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`October 1985—Coca-Cola Classic, “New Coke,” Diet Coke, and Sprite.
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`27. As an aside, “New Coke” was a product developed by Coca-Cola in the
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`1980s and publicly released in 1985, where Coca-Cola made modifications to its
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`classic formula. This product was subsequently branded as “New Coke” when
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`Coca-Cola resumed selling the original formula under the label “Coke Classic.”
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`New Coke was only sold for a limited time before Coca-Cola discontinued its man-
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`ufacture and sale. New Coke was a secret project for Coca-Cola. I was at Petainer’s
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`manufacturing plant in Dongen when I received notice in May 1985 that Coca-Cola
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`was going to sell New Coke in a PET can. We had not anticipated this product, so
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`sleeve labels were shipped to us from the U.S., and we began to use them for New
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`Coke. In July 1985, we got another batch of labels to use, which were marked as
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`Coca-Cola Classic and were used for PET cans with Coca-Cola’s classic formula.
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`28. The four Coca-Cola products in PET cans were sold in six-packs
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`throughout Western Georgia and Eastern Alabama for around a six-month period,
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`starting in October 1985. During this time, they were distributed and sold through
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`the general grocery store trade, meaning that they were sold in grocery stores (e.g.,
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`Winn Dixie), vending machines, and other places in Western Georgia and Eastern
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`Alabama where canned Coca-Cola products were available for sale. I personally
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`saw these four Coca-Cola products in PET cans available for purchase at grocery
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`stores in Columbus, Georgia. I lived in the region where Coca-Cola PET cans were
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`sold and was a frequent visitor to stores to inspect the cans and the in-store displays
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`for any performance related issues.
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`29. There were also reverse vending machines for collection, where people
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`could return their empty PET cans so that they could be recycled.
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`30. As I state above, Coca-Cola PET can products were only on sale for
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`around six months starting in October 1985. Development and release of PET cans
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`for Coca-Cola (instead of the standard two-liter PET bottles that Coca-Cola also
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`manufactured) had supply chain implications. After release of the PET can, alumi-
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`num can manufacturers began lobbying against these products. The main theme of
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`their campaign was that these products were not recyclable like aluminum cans. The
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`aluminum industry, aka Alcoa, Reynolds and sheet producers, and can producers
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`began a lobbying effort with interviews, NPR pieces and paying environmental lob-
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`byists to speak out against the PET can.
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`31. After this lobbying campaign, Coca-Cola management decided to stop
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`selling PET cans and used the 12oz aluminum cans going forward to protect the large
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`market served by two-liter plastic bottles.
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`V. VERIFICATION OF PRODUCTS AND LITERATURE
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`32. As a former longtime employee of Coca-Cola, I have a collection of
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`Coca-Cola products, including products that I worked on during my time at Coca-
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`Cola. My collection includes multiple Coca-Cola PET cans that were manufactured
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`and sold during the, around, six-month period that these products were publicly
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`available in 1985 and 1986.
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`33. Each PET can filled and assembled in the Columbus, Georgia facility
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`bore a label that stated “CANNED UNDER THE AUTHORITY OF THE COCA-
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`COLA COMPANY, ATLANTA GA. BY COLUMBUS COCA-COLA BOT-
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`TLING COMPANY, COLUMBUS, GA 31908. The labels further were labeled
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`“CONSUMER/RECYCLING INFORMATION CALL 1-800-GET-COKE (438-
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`2053)” and bore a bar code unique to the beverage being sold to aid in supermarket
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`scanning.
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`34. As I mentioned above, each PET can also included a mark on the
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`pushup portion of the base that identified Petainer S.A. as the manufacturer of the
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`PET can body.
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`35.
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`I understand that MPL and its counsel are in possession of several
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`Coca-Cola PET cans, including a Sprite, Diet Coke, Coca-Cola Classic, and New
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`Coke can. I have reviewed images of these products, which I understand are exhibits
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`to MPL’s petition and have compared them to the Coke PET cans from 1985 that I
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`have in my personal collection. They have PETAINER on the base in CAPS and
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`the patent # PAT 4,405,546 and other designs.
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`36. Based on the markings of the PET can products in possession of MPL
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`and a comparison of these products to the ones in my possession, I can verify that
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`the Coca-Cola PET cans that I understand were submitted as prior art in this PGR
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`proceeding by MPL are the same products that were commercialized by Coca-Cola
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`in 1985 and 1986 and were publicly available to consumers for purchase. These
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`cans have the same shape and markings that I describe above, which confirms that
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`they were filled and assembled in Coca-Cola’s Columbus, Georgia facility from
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`1985 to 1986.
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`37.
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`I also understand that MPL and its counsel are in possession of a paper
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`advertisement about Coca-Cola’s PET cans. I have a copy of this advertisement in
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`my personal collection of Coca-Cola products and memorabilia. This advertisement
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`was produced by Coca-Cola in 1985 as part of an educational campaign about the
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`PCAN project. Specifically, it was produced and distributed to help explain to con-
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`sumers what the PET can technology was, the functionality of the PET can and
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`whether it is recyclable. This advertisement was also publicly available during the
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`around six-month period that Coca-Cola’s PET can products were sold in Western
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`Georgia and Eastern Alabama. In some grocery stores, these pamphlets would be
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`included in a display next to the PET cans for sale so that consumers could take a
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`pamphlet and read about the PET can.
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`38.
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`I understand that this advertisement is included as an exhibit to MPL’s
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`post-grant review Petition. I have reviewed that exhibit and can verify that this is
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`the same advertisement that was publicly available and distributed by Coca-Cola in
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`1985 and 1986, and it bears a copyright date of 1985. This advertisement also has
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`the same content as the one in my possession.
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`VI. ADDITIONAL REMARKS
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`39.
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`In signing this Declaration, I recognize that it will be filed as evidence
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`in a contested case before the Patent Trial and Appeal Board of the United States
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`Patent and Trademark Office. I also recognize that I may be subject to cross-exam-
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`ination in the case.
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`40.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`I hereby declare that all statements made herein of my own knowledge are true and
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`that all statements made on my understanding are believed to be true; and further
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`that these statements were made with the knowledge that willful false statements and
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`the like so made are punishableby fine or imprisonment, or both, under Section 1001
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`of Title 18 of the United States Code.
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`Dated May 31, 2024
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`Bar ae
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`Joseph T. Norris
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`APPENDIX A
`APPENDIX A
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`EX-1005 PGR2024-00035
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`EX-1005 PGR2024-00035
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`Contact
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`www.linkedin.com/in/joe-
`norris-006a9b12 (LinkedIn)
`
`Top Skills
`Packaging research, design and
`engineering
`Ideation
`Consumer guidance research
`
`
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`
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`
`
`Joe Norris
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`Packaging Strategies and Solutions LLC
`Cumming, Georgia, United States
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`Summary
`Beginning June 30, 2013 I am taking early retirement from The
`Coca-Cola Company after 35+ years in the consumer goods
`packaging industry, package development and commercialization
`and Research and Development.
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`I have established Packaging Strategies and Solutions LLC in
`Atlanta as a consulting company and look forward to my new
`challenges in the packaging industry. I welcome new opportunities ,
`such as my current work with Smart Skin Technologies of
`Fredericton, Canada and their new Drone technology.
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`Experience
`
`Smart Skin Technologies
`New Product Development and Technical Service
`September 2013 - Present (10 years 9 months)
`Fredericton, Canada
`
`The Coca-Cola Company
`Principal Engineer, Global Packaging R and D,
`October 2005 - June 2013 (7 years 9 months)
`My work over the last few years has focused on early concept ideation,
`design, alpha engineering and early consumer engagement to validate ideas
`and deliver a new packaging system to the sparkling and still portfolio. This
`work was embedded within Global R and D and supported the operating
`groups and business units with a packaging portfolio pipeline and packaging
`technology support.
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`My recent focus was also on commercialization of North American aluminum
`bottles and it's resealable closure. There was deep learning about bottle
`manufacturing, thread formation and closure application and machinery, which
`were needed to successfully manufacture the bottle and apply the closure
`correctly.
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`I have 16 issued patents issued and several applications still pending , both
`with Colgate-Palmolive and The Coca-Cola Company.
`
`Colgate Palmolive Co
`Assoc. Dir. Oral Care and Director , Package Innovation
`1990 - October 2005 (15 years)
`New York City and Piscataway, New Jersey
`For 10 years, I supported Colgate US brands and manufacturing with
`package engineering leadership. I managed a team of three engineers with
`responsibility for Colgate toothpaste, toothbrushes and associated brands and
`products. In 1997, our team led the materials development and approval for
`the successful Total toothpaste launch. I won one Presidents Award for a Wal-
`Mart promotion and multiple You can Make a Difference awards.
`For 5 years, I led a team of five package enginners in Global Packaging to
`support global brand and package technology innovation initiatives, and won
`the Global Technology award in 2001 for dual tube commercilization. My team
`had 25 patent applications during these five years and I was a member of the
`R and D Innovation Committee.
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`The Coca-Cola Company
`Packaging Engineer
`October 1977 - August 1990 (12 years 11 months)
`Atlanta and London
`Package engineering and commercialization of PET bottles, cans, closures
`and labelling systems for Coca-Cola International, Coca-Cola Northern
`Europe and Coca-Cola USA, supporting bottlers, package converters and new
`brand introductions plus quality trobleshooting when required.
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`Education
`Union College
`BSME, Mechanical Engineering , Materials Science · (1973 - 1976)
`
`Chaminade High School
`High School, College/University Preparatory and Advanced High School/
`Secondary Diploma Program · (1969 - 1973)
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