`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 YOSHINOBU YAMAUCHI 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,
`1. My name is Yoshinobu Yamauchi.
`Corp., and have been so employed for approximately 32 years as of the date of
`this declaration.
`
`2. My current title is Manager and I am currently responsible for the contents of the
`Preview Distance Control Manual for Mitsubishi cars 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 is described in the Structure and Maintenance of
`Preview Distance Control Manual. The Structure and Maintenance of Preview
`Distance Control Manual was given to car dealers and available for purchase by
`any member of the public.
`
`4. I am familiar with the 1995 Diamante Structure and Maintenance of Preview
`Distance Control Manual, including its purpose, contents, distribution, and use,
`based on my normal job responsibilities at Mitsubishi.
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`
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`5. Attached to this Declaration as Exhibit 1005, is a true and accurate copy of the
`1995 Diamante Structure and Maintenance of Preview Distance Control Manual
`issued in May 1995.
`
`6. The Structure and Maintenance of Preview Distance Control Manual is specific
`to the adaptive cruise control system included in the 1995 Mitsubishi Diamante.
`
`7. The purpose of the 1995 Diamante Structure and Maintenance of Preview
`Distance Control Manual was to have a car mechanic serve to win the
`understanding of a car purchaser as to the structure and maintenance of the
`adaptive cruise control system included in the car that he or she had purchased.
`
`8. Every car dealer who sold a 1995 Diamante equipped with Preview Distance
`Control received the Structure and Maintenance of Preview Distance Control
`Manual.
`
`9. Also, someone other than the car dealers could have bought the Structure and
`Maintenance of Preview Distance Control 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 the manual by placing an order with any car dealer
`within 10 years of the sale termination.
`
`10. The 1995 Mitsubishi Diamante Structure and Maintenance of Preview Distance
`Control 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 by directly purchasing the manual.
`
`11. There were no prohibitions placed on the Structure and Maintenance of Preview
`Distance Control Manual that restricted a customer's use, copying, or
`distribution of this manual. 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
`
`th day of December 2013
`
`1aAr^c^[JO
`Yoshinobu Yamauchi
`
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