UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CAPSULGEL BELGIUM NV
`
`Petitioner
`
`V.
`
`INNERCAP TECHNOLOGIES, INC.
`Patent Owner
`
`Case IPR: 2013-0331
`
`Patent No. 8,361,497
`Issued: January 29, 2013
`Filed: January 19, 2010
`Inventor: Fred H. Miller
`
`Title: Multi—Phase, Multi-Compartment, Capsular Delivery Apparatus and
`Methods of Using the Same
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`SUBMISSION OF DISCLAIMER IN PATENT UNDER 37 CFR 1.321(a)
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`

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`Case IPR: 2013-0331
`
`Patent 8,361,497
`
`Attorney Docket No. 159.1024
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
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`Patent Owner Innercap Technologies, Inc., submits herewith DISCLAIMER
`
`IN PATENT UNDER 37 CFR 1.321(a).
`
`

`
`PTO/SB/43 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paervvork Reduction Act of 1995, no ersons are reuired to resend to a collection of information unless it disla s a valid OMB control number.
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`
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`DISCLAIMER IN PATENT UNDER 37 CFR 1.321(a)
`
`'“me“P““me Innercap Technologies,
`
`Inc.
`
`Docket Number (Optional)
`159.1001CON
`
`Patent Number
`Title of Invention
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`8 , 3 6 1 I 4 9 7
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`Date Patent lssuedjanuary 2 9 I
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`2 O 1 3
`
`Multi—phase, Multi—Compartment, Capsular Delivery Apparatus...
`
`I hereby disclaim the following complete claims in the above identified patent:
`
`eel and frame, where
`The extent of my interest in said patent is (if asslgnee of record, state llber and page, or r
`0 1 5 7 5 O 3 9 1
`assignment is recorded);
`AS S ignee; Reel /Frame:
`
`The fee for this disclaimer is set forth in 37 CFR 1.20(d).
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`Patentee claims small entity status. See 37 CFR 1.27.
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`Small entity status has already been established in this case, and is still proper.
`
`A check in the amount of the fee is enclosed.
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`Payment by credit card. Form PTO-2038 is attached.
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`The Director is hereby authorized to charge any fees which may be required or credit any
`overpayment to Deposit Account No.
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`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
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`Signed at
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`New York, State of
`
`New York,
`
`this
`
`29 dayof October
`
`2013
`
`.
`
`/Clifford M. Davidson/
`
`Signature
`_
`I
`Clifford M. Davidson
`
`32,728
`
`Registration Number, if
`applicable
`2l2_736_O778
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`Typed or printed name of patentee/ attorney or agent of record
`
`Telephone Number
`
`485 Seventh Avenue
`Davidson, Davidson & Kappel, LLC
`Address
`
`New York, New York 10018
`City, State, Zip Code or Foreign Country as applicable
`
`This collection of information is required by 37 CFR 1.321. The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S,C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
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`Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief information
`Offioer, US. Patent and Trademark Office, US. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-14501 DO NOT SEND FEES OR
`COMPLETED FORMS To THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`
`
`

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`!WiHWW%6zW?4TW?w
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`
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`Case IPR: 2013-0331
`
`Patent 8,361,497
`
`Attorney Docket No. 159.1024
`
`Respectfully submitted,
`DAVIDSON, DAVIDSON & KAPPEL, LLC
`
`By: /Clifford M. Davidson]
`Clifford M. Davidson, Lead Counsel
`Oleg Ioselevich, Back-up Counsel
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue, 14th Floor
`
`New York, New York 10018
`
`(212) 736-1940
`Attorneys for Patent Owner
`INNERCAP TECHNOLOGIES, INC.
`
`

`
`Case IPR: 2013-0331
`
`Patent 8,361,497
`
`Attorney Docket No. 159.1024
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 315T day of October, 2013, a true and correct
`
`copy of the foregoing DISCLAIMER IN PATENT UNDER 37 CFR l.321(a) was
`
`served, in accordance with the parties’ electronic service agreement, by electronic
`
`mail upon the following lead and backup counsel of record for Petitioners
`
`Capsugel Belgium NV:
`
`Anthony C. Tridico, Lead Counsel
`Amanda Murphy, Backup Counsel
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L. P.
`901 New York Avenue, NW
`Washington, D.C. 20001
`Service BE-mail: SAP—PGR@finnegan.com
`
`By: /Clifford M. Davidson/
`Clifford M. Davidson , Lead Counsel
`Oleg Ioselevich, Back—up Counsel
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue, 14th Floor
`
`New York, New York 10018