UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`v.
`LUV N’ CARE, LTD.
`Patent Owner
`____________
`
`Case IPR2013-00072
`Patent D617,465
`
`Before SALLY C. MEDLEY, JENNIFER S. BISK, and MICHAEL J. FITZPATRICK,
`Administrative Patent Judges.
`
`ORAL HEARING
`Petitioner’s Demonstratives
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`v.
`LUV N’ CARE, LTD.
`Patent Owner
`____________
`
`Case IPR2013-00072
`Patent D617,465
`
`Before SALLY C. MEDLEY, JENNIFER S. BISK, and MICHAEL J. FITZPATRICK,
`Administrative Patent Judges.
`
`ORAL HEARING
`Petitioner’s Demonstratives
`
`
`
`Figures of U.S. D617,465
`
`Decision – Institution of Inter Partes Review (Paper 8)
`Page 3, Figures 1-5
`
`2
`
`
`
`Partial Figure 2 of ‘465 Patent, with annotation
`
`Request for Inter Partes Review (Paper 3)
`Page 14, IPR Request FIG. 2
`
`3
`
`
`
`Partial Figures 11D, 11A, and 8B of Hakim (‘604), with annotation
`
`Request for Inter Partes Review (Paper 3)
`Page 15, IPR Request FIG. 4
`
`4
`
`
`
`Figure 12a of ‘106 Application (Hakim (‘604))
`
`Decision – Institution of Inter Partes Review (Paper 8)
`Page 7
`
`5
`
`
`
`Figure 3 of ‘465 Patent,
`with annotation
`
`Partial Figure 12a of Hakim (‘604),
`with annotation
`
`Request for Inter Partes Review (Paper 3)
`Page 16
`
`6
`
`
`
`Figure 3 of ‘465 Patent,
`with annotation
`
`Partial Figure 12a of Hakim (‘604),
`with annotation
`
`Request for Inter Partes Review (Paper 3)
`Page 17
`
`7
`
`
`
`Figure 3 of ‘465 Patent,
`with annotation
`
`Partial Figure 11a of Hakim (‘604),
`with annotation
`
`Request for Inter Partes Review (Paper 3)
`Page 18
`
`8
`
`
`
`Illustration of claim scope
`
`Opposition to Motion to Amend (Paper 17)
`Page 4
`
`Reply to Patent Owner’s Response (Paper 18)
`Page 4
`
`9
`
`
`
`Proposed Amended Figure 3, annotated
`
`Opposition to Motion to Amend (Paper 17)
`Page 6
`
`Reply to Patent Owner’s Response (Paper 18)
`Page 6
`
`10
`
`
`
`Figure 2 of the ‘465 Patent versus Proposed Amended Figure 3
`
`Reply to Patent Owner’s Response (Paper 18)
`Page 8
`
`11
`
`
`
`FIGURE 3
`
`
`
`Patent Owner’s Illustration (Exhibit 2003)
`Page 2
`
`FIGURE 2
`
`(cropped)
`
`R = radius
`
`5 =spline
`
`numbers = radius tangency points
`
`12
`
`Patent Owner’s Illustration (Exhibit 2003)
`Page 2
`
`
`
`Excerpt from prior slide, annotated
`
`13
`
`
`
`•
`
`•
`
`•
`
`“ A continuation is a second application for the same invention
`claimed in a prior nonprovisional application and filed before the
`original prior application becomes abandoned or patented.” MPEP
`201.07.
`
`“The disclosure presented in the continuation must be the same as
`that of the original application; i.e., the continuation should not
`include anything which would constitute new matter if inserted in the
`original application.” MPEP 201.01 (emphasis added).
`
`“A continuation-in-part is an application filed during the lifetime of
`an earlier nonprovisional application, repeating some substantial
`portion or all of the earlier nonprovisional application and adding
`matter not disclosed in the said earlier nonprovisional application.”
`MPEP 201.08 (emphasis added).
`
`Reply to Patent Owner’s Response (Paper 18)
`Page 9
`
`14
`
`
`
`•
`
`•
`
`Except for a continued prosecution application…any non-provisional
`application…claiming the benefit of one or more prior-filed
`copending nonprovisional applications or international applications
`designating the United States of America must contain or be
`amended to contain a reference to each such prior-filed
`applications, identifying it by application number (consisting of the
`series code and serial number) or international application number
`and international filing date and indicating the relationship of the
`applications….” 37 C.F.R. §1.78(a)(2)(i) (emphasis added).
`
`“[T]he failure to timely submit the reference required by 35 U.S.C.
`120 and paragraph (a)(2)(i) of this section is considered a waiver
`of any benefit under 35 U.S.C. 120, 121, or 365(c) to such prior-
`filed application.” 37 C.F.R. §1.78(a)(2)(ii) (emphasis added).
`
`Reply to Patent Owner’s Response (Paper 18)
`Pages 9-10
`
`15
`
`
`
`Figure B is a series at 1riewa nfa anfit lid panic-n far attachment tn a hard ring tn fnrrn a cap
`
`for a drinking prnduet Ear use by older children and adults. Figure 3a illustrates a tap view {if the
`
`suit lid. with Figure 313 being a perspective view. Figure Be being a back View, and Figure 8d being
`
`a side View therenE Figure 3e illustrates: a tap View of the raft lid attached to a hard ring for
`
`attachment tn the drinking eupil
`
`‘106 Application (Exhibit 2001)
`Page 8
`
`16
`
`‘106 Application (Exhibit 2001)
`Page 8
`
`
`
`
`
`fig
`
`(130
`
`a
`hv—"S'
`
`“(4'3
`
`
`
`‘106 Application (Exhibit 2001)
`Page 55, Figures 8A-E
`
`17
`
`‘106 Application (Exhibit 2001)
`Page 55, Figures 8A-E
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`v.
`LUV N’ CARE, LTD.
`Patent Owner
`____________
`
`Case IPR2013-00072
`Patent D617,465
`
`Before SALLY C. MEDLEY, JENNIFER S. BISK, and MICHAEL J. FITZPATRICK,
`Administrative Patent Judges.
`
`ORAL HEARING
`Petitioner’s Demonstratives
`
`
`
`PATENT
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Munchkin, Inc.
`
`Petitioner
`
`V.
`
`Luv N’ Care, Ltd.
`
`Patent Owner
`
`Case IPR2013—00072
`
`Patent D617,465
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)(3)
`
`
`
`
`
`10f2
`
`
`
`The undersigned certifies that on January 14, 2014, a copy of the
`
`Petitioner’s Oral Hearing Demonstratives with Certificate of Service Under
`
`37 CPR. § 42.6(e)(3) (20 pages) were mailed by first class mail bearing
`
`sufficient postage to:
`
`Morris E. Cohen
`
`Goldberg Cohen, LLP
`1350 Avenue of the Americas, 4th Floor
`New York, New York 10019
`
`Respectfully Submitted,
`
`By \\\§§% We D§§§im
`
`A. Justin Poplin, Reg. No. 53,476
`LATHROP & GAGE LLP
`
`2345 Grand Boulevard, Suite 2400
`Kansas City, Missouri 64108
`Tel: (913) 451—5130
`Fax: (813) 292—2001
`
`
`
`20f2
`
`
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