`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`Docket No:
`In re application of
`Issued: November 27, 2001
`C. Kumar N. Patel
`Application No. 09/310,527
`U.S. Patent No. 6,324,463
`Filing Date: May 12, 1999
`
`For: CRUISE CONTROL INDICATOR
`
`DECLARATION OF YOJINAKANE IN SUPPORT OF
`REQUEST FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 6,324,463 UNDER 35 U.S.C. §§311-319,37 C.F.R. § 42
`
`Mail Patent Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I am employed by Mitsubishi Motors, Corp., and
`1. My name is Yoji Nakane.
`have been so employed for approximately 24 years as of the date of this
`declaration.
`
`2. My current title is "Expert" and I am responsible for the contents of Owner's
`Manuals for Mitsubishi automobiles, including the 1995 Mitsubishi Diamante.
`
`3. The 1995 Mitsubishi Diamante was available to be purchased in Japan by any
`member of the public, from 1995-2005. This car was available with an
`adaptive cruise control system called "Preview Distance Control." The
`Preview Distance Control was described in the Owner's Manual, which was
`given to purchasers of the car and available for purchase by any member of the
`public.
`
`4. I am familiar with the 1995 Diamante Owner's Manual, including its purpose,
`contents, distribution, and use, based on my normal job responsibilities at
`Mitsubishi.
`
`
`
`5. Attached to this Declaration as Exhibit 1003, is a true and accurate copy of the
`1995 Diamante Owner's Manual issued in May 1995.
`
`6. The purpose of the 1995 Diamante Owner's Manual was to have a car purchaser
`understand how to deal with the car that he or she had purchased, including the
`on-vehicle equipment so that the purchaser can drive safely and comfortably.
`
`7. Everyone who purchased a 1995 Diamante received the Owner's Manual as the
`manual came with the car. The normal procedure was that the car salesperson
`would review the Owner's Manual along with the purchaser during the car
`delivery process so that the purchaser became familiar with the operation of the
`car and its features.
`
`8. During the period of May 1995 through December 1995, approximately 20,000
`Diamante vehicles were sold, and therefore approximately 20,000 Diamante
`Owner's Manuals were disseminated to members of the public during this time
`period.
`
`9. Also, someone who did not purchase the car could have bought the Owner's
`Manual by simply ordering it during the period that the car was available for
`sale. Even after the car was finished selling, anyone could buy this manual by
`placing an order with any car dealer within 10 years of the sale termination.
`
`10. The 1995 Mitsubishi Diamante Owner's Manuals were disseminated and
`available to any interested member of the public at least from May 1995 to 2005.
`Any member of the public was able to obtain access to this publication either by
`purchasing the car or by directly purchasing the manual.
`
`11. There were no prohibitions placed on the Owner's Manual that restricted a
`customer's use, copying, or distribution of these manuals. There was no
`requirement that this manual be kept confidential.
`
`12. The 1995 Diamante was advertised at least on television commercials.
`
`I swear under the penalty of perjury that the foregoing is true and accurate to the best of
`my knowledge.
`
`Signed this (3 th day of December 2013
`
`Yoji Nakane
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