`Date Filed: November 9, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`EDMUND OPTICS, INC.,
`Petitioner,
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`v.
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`SEMROCK, INC.,
`Patent Owner.
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`____________
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`Case IPR2014-00583
`Patent 7,068,430
`____________
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`EDMUND OPTICS, INC.’S NOTICE OF APPEAL
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`Case IPR2014-00583
`Patent 7,068,430
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`Pursuant to 35 U.S.C. §§ 141-142, 319, and 37 C.F.R. §§ 90.2 and 90.3,
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`Petitioner Edmund Optics, Inc. hereby gives notice of its appeal to the United
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`States Court of Appeals for the Federal Circuit from the September 9, 2015 Final
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`Written Decision by the United States Patent and Trademark Office Patent Trial
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`and Appeal Board in Inter Partes Review IPR2014-00583, and from all orders,
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`decisions, rulings, and opinions underlying the Final Written Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Edmund Optics, Inc. gives
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`further notice that the issues on appeal may include, but are not limited to, the
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`following:
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`(1) The Board’s determination that claim 1 of U.S. Patent No. 7,068,430 has
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`not been shown to be unpatentable;
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`(2) The Board’s construction of the term “expected deposition time ti of the
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`layer”; and
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`(3) The Board’s denial of Petitioner’s Motion to Exclude Evidence.
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`Petitioner reserves the right to raise on appeal any finding or determination
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`related to the issues listed above and to raise any other issue decided adversely to
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`the Petitioner in the proceedings underlying the Final Written Decision.
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`Case IPR2014-00583
`Patent 7,068,430
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`Simultaneously with this submission, copies of the Petitioner’s Notice of
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`Appeal are being filed with the Patent Trial and Appeal Board and the Clerk’s
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`Office for the United States Court of Appeals for the Federal Circuit.
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`Date: November 9, 2015
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`Respectfully submitted,
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`/Lynn E. Rzonca /
`Lynn E. Rzonca
`Registration No. 35,998
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`John A. Chionchio
`Registration No. 40,954
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`Attorneys for Edmund Optics, Inc.
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`BALLARD SPAHR LLP
`Customer Number 23859
`(678) 420-9300 Phone
`(678) 420-9301 Fax
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`CERTIFICATE OF FILING
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`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board's Patent Review Processing System (PRPS) on
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`November 9, 2015, the original version of the foregoing, EDMUND OPTICS,
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`INC.’S NOTICE OF APPEAL, was sent via Express Mail on November 9, 2015,
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`to the Director of the United States Patent and Trademark Office, at the following
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`address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`CERTIFICATE OF FILING
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`I hereby certify that three (3) true and correct copies of the foregoing,
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`EDMUND OPTICS, INC.’S NOTICE OF APPEAL, were filed via overnight
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`delivery on November 9, 2015 to the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
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`Case IPR2014-00599
`Patent 7,119,960
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that EDMUND OPTICS, INC.’S NOTICE OF
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`APPEAL was served by electronic mail on November 9, 2015 on the following
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`counsel of record:
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`James J. Boyle, Esq.
`Finnegan, Henderson, Farabow, Garrett & Dunner LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190-5675
`james.boyle@finnegan.com
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`Anthony J. Lombardi
`Finnegan, Henderson, Farabow, Garrett & Dunner LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190-5675
`anthony.lombardi@finnegan.com
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`Dated this 9th day of November 2015.
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`BALLARD SPAHR LLP
`Customer Number 23859
`(678) 420-9300 Phone
`(678) 420-9301 Fax
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`/Lynn E. Rzonca /
`Lynn E. Rzonca
`Registration No. 35,998
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`Attorney for Edmund Optics, Inc.
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