Filed on behalf of Delaware Display Group LLC
`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`Jeffrey R. Bragalone (jbragalone@bcpc-law.com)
`T. William Kennedy (bkennedy@bcpc-law.com)
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG DISPLAY CO., LTD.,
`Petitioner,
`
`v.
`
`DELAWARE DISPLAY GROUP LLC,
`Patent Owner.
`
`Case IPR2015-00506
`U.S. Patent No. 7,434,973
`
`DECLARATION OF KENNETH WERNER – EXHIBIT 2010
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`
`DDG_000413
`
`

`
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 7,434,973
`Declaration of Mr. Kenneth Werner
`
`I, Kenneth Werner, do hereby declare and state, that all statements made
`
`herein of my own knowledge are true and that all statements made on
`
`information and belief are believed to be true; and further that these statements
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`were made with the knowledge that willful false statements and the like so
`
`made are punishable by fine or imprisonment, or both, under Section 1001 of
`
`Title 18 of the United States Code.
`
`Executed October 2, 2015, in Norwalk, Connecticut, United States of
`
`
`
`America.
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`
`
`
`
`
`
`
`
`
`_________________________
`Mr. Kenneth Werner
`
`
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`DDG_000414
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`

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`
`
`I. 
`
`II. 
`III. 
`
`Table of Contents
`INTRODUCTION ................................................................................ 4 
`A. Engagement ........................................................................................ 4 
`B. Background and Qualifications .......................................................... 4 
`C. Compensation ..................................................................................... 7 
`D. Information Considered and Basis of Opinions Formed ................... 7 
`LEGAL STANDARDS ........................................................................ 8 
`THE ’973 PATENT ............................................................................ 10 
`A. Overview of the ’973 Patent ............................................................. 10 
`B. Overview of Shinohara ..................................................................... 18 
`C. Claim Construction ........................................................................... 25 
`IV.  ANALYSIS ........................................................................................ 27 
`A. The ’973 Patent is Entitled to a June 27, 1995, Priority Date .......... 27 
`  “a pattern of individual light extracting deformities associated
`with respective light sources” ......................................................... 27 
`  “wherein each of the deformities has a length and width
`substantially smaller than the length and width of the panel
`surface” ........................................................................................... 32 
`  “wherein the density, size, depth and/or height of the
`deformities in close proximity to the input edge is greatest at
`approximate midpoints between adjacent pairs of the light
`sources” ........................................................................................... 36 
`B. The Shinohara Reference Does Not Disclose Limitations of the ’973
`patent ................................................................................................. 44 
`CONCLUSION .................................................................................. 49 
`
`V. 
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`DDG_000415
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`

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`
`
`I. INTRODUCTION
`1.
`The facts set forth below are known to me personally and I have
`
`firsthand knowledge of them. I am a United States citizen over eighteen years
`
`of age. I am fully competent to testify on the matters in this Declaration. I
`
`understand that this Declaration is being submitted along with the Patent
`
`Owner’s response to the Decision in the Institution of Inter Partes Review by
`
`the Patent Trial and Appeal Board (“PTAB”) for U.S. Patent No. 7,434,973
`
`(or, the “’973 patent”) in IPR2015-00506.
`
`A. Engagement
`I have been hired as a technical expert by the owner of the ’973
`
`2.
`
`patent to study it and certain prior art and provide my opinions on whether that
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`prior art discloses the limitations of the claims of the ’973 patent at issue in the
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`this IPR proceeding.
`
`B. Background and Qualifications
`In this section, I discuss my educational background, work
`
`3.
`
`experience, and other relevant qualifications. My curriculum vitae is attached
`
`as Appendix A, which also includes a list of all other cases in which I have
`
`testified as an expert at trial or by deposition.
`
`4.
`
`I have over twenty-seven years of experience in the electronic
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`display industry. I am currently founder and Principal of Nutmeg Consultants.
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`In my current role I regularly address technical and trade organizations in the
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`DDG_000416
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`

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`
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`Americas and Asia, and I am routinely consulted by financial advisors,
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`analysts, attorneys, members of the international press corps, and by
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`companies entering or repositioning themselves in the display industry. I speak
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`frequently with senior executives of large, mid-sized, and small display-related
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`companies in Asia, Europe, and the Americas, as well as government officials
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`and academic researchers. At BRDisplay II (July 2004, Recife, Brazil), I
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`served as a consultant to the working groups developing a national strategy for
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`the growth of a display-related industry in Brazil and wrote the introduction to
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`their report.
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`5.
`
`I also serve as Senior Analyst for Meko, Ltd. Until recently I
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`served as Marketing Director for Tannas Displays (Orange, California). In that
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`positon, I did extensive research on markets for custom-sized and bar-type
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`displays, particularly for signage applications. I am a founding co-editor of
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`MEKO’s Display Daily, and a regular contributor to HDTVexpert.com.
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`6.
`
`I began my career as a semiconductor device design engineer for
`
`RCA. I hold a B.A. in physics from Rutgers University and an M.S. in solid-
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`state physics from the University of North Carolina at Chapel Hill. And I have
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`taken graduate management courses at the University of Connecticut.
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`7.
`
`I have been an active participant in the display industry since
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`1987. From 1987-2005, I was the Editor of Information Display Magazine. I
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`DDG_000417
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`

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`
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`have given keynote presentations at LCD/PDP International 2001 (Yokohama,
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`Japan), InfoDisplay VI (2003, Fortaleza, Brazil), and invited presentations at
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`the Consumer Electronics Show 2002 (Las Vegas), the International Display
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`Manufacturing Conference 2002 (Seoul), the Liquid Crystal Institute (2002,
`
`Kent, Ohio), IMID 2005 (Seoul), the Signage and Graphics Summit (2007,
`
`Tucson), LatinDisplay 2007 and 2008 (Campinas, Brazil), LatinDisplay 2009
`
`(Sao Paulo), and Technologies for Custom Display Modules (SID-LA, 2010).
`
`I was a referee for the Display Invention Competition held in August 2003 in
`
`Korolev, Russia.
`
`8.
`
`Recently, I have delivered invited papers at CVCE 2010 (Asan,
`
`Korea); LatinDisplay 2010 (Sao Paulo, Brazil); and Organic Displays,
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`Lighting, and Electronics (SID-LA, 2011). I delivered keynote addresses on
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`OLED displays at the Nomura Pan-Asia Technology Forum (2011 and 2012,
`
`Hong Kong) and an invited presentation on 3D displays at Display Taiwan
`
`(June 2011, Taipei). I delivered a presentation on OLED displays at CVCE
`
`2012 (Sept. 2012, Cheonan, Korea), one on Internet TV at LatinDisplay/IDRC
`
`(Nov. 2012, Sao Paulo), and one on Technologies for Advanced Television
`
`(SID-NE, May 2014, Framingham, Massachusetts).
`
`9.
`
`I was program chair for the One Day Symposium on Emerging
`
`Display Technologies sponsored by the LA Chapter of SID (Feb. 2012), and
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`
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`
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`DDG_000418
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`

`
`
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`for the SID-LA One Day Conference on Advanced Television Technologies
`
`(Feb. 2014). I am a member of the Society for Information Display (SID) and
`
`IEEE, and was Chairman of the Advisory Board for the award-winning IEEE
`
`Circuits & Devices magazine.
`
`C. Compensation
`I am being compensated for the time I spend on this case at my
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`10.
`
`normal consulting rate of $350 an hour. I am also being reimbursed for
`
`reasonable and customary expenses associated with my work and testimony in
`
`this investigation. My compensation is not contingent upon the outcome of this
`
`matter or the substance of my testimony.
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`D. Information Considered and Basis of Opinions Formed
`My opinions are based on my years of education, research and
`
`11.
`
`experience, as well as my investigation and study of relevant materials. In
`
`forming my opinions, I have considered the materials I identify in this
`
`declaration and those listed in Appendix B.
`
`12.
`
`I may rely upon these materials and/or additional materials to
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`respond to arguments raised by the Petitioner. I may also consider additional
`
`documents and information in forming any necessary opinions – including
`
`documents that may not yet have been provided to me.
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`DDG_000419
`
`

`
`
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`13.
`
`My analysis of the materials produced in this investigation is
`
`ongoing, and I will continue to review any new material as it is provided. This
`
`declaration represents only those opinions I have formed to date. I reserve the
`
`right to revise, supplement, and/or amend my opinions stated herein based on
`
`new information and on my continuing analysis of the materials already
`
`provided.
`
`II. LEGAL STANDARDS
`14.
`In expressing my opinions and considering the subject matter of
`
`the claims of the ’973 patent, I am relying upon certain basic legal principles
`
`that counsel has explained to me.
`
`15.
`
`I understand that for something to be found patentable, it must be,
`
`among other things, new and not obvious from what was known before.
`
`16.
`
`I understand the information that is used to evaluate whether an
`
`invention is new and not obvious is generally referred to as “prior art” and
`
`generally includes patents and printed publications (e.g., books, journal
`
`publications, articles on websites, product manuals, etc.) that existed before
`
`the earliest filing date (the “effective filing date”) of the claim in the patent. I
`
`also understand that a patent may be prior art if it was filed before the effective
`
`filing date of the claimed invention, while a printed publication will be prior
`
`art if it was publicly available before that date.
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`
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`
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`DDG_000420
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`

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`
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`17.
`
`I understand that there are two ways in which prior art may render
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`a patent claim unpatentable. First, the prior art can be shown to “anticipate”
`
`the claim. Second, the prior art can be shown to have made the claim “obvious”
`
`to a person of ordinary skill in the art. I understand that, in this proceeding, the
`
`only instituted ground was based on anticipation.
`
`18.
`
`I understand that, in this proceeding, Petitioner has the burden of
`
`proving that the claims of the ’973 patent are anticipated in view of the prior
`
`art by a preponderance of the evidence. I understand that “a preponderance of
`
`the evidence” is evidence sufficient to show that a fact is more likely true than
`
`it is not.
`
`19.
`
`I set forth my understanding of the anticipation standard as
`
`follows: I understand that a claimed invention is not patentable if a prior art
`
`reference discloses every element of the claimed invention, either explicitly or
`
`inherently, and if those elements are arranged or combined in the same way as
`
`the claimed invention. I understand that unless a reference discloses within the
`
`four corners of the document not only all of the limitations claimed but also all
`
`of the limitations arranged or combined in the same way as recited in the claim,
`
`it cannot be said to prove prior invention of the thing claimed and, thus, cannot
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`anticipate.
`
`
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`
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`DDG_000421
`
`

`
`
`
`III.
`THE ’973 PATENT
`A. Overview of the ’973 Patent
`The ’973 patent relates generally, to “light emitting panel
`
`20.
`
`assemblies” including “several different light emitting panel assembly
`
`configurations which provide for better control of the light output from the
`
`panel assemblies and more efficient utilization of light to suit a particular
`
`application.” ’973 patent at 1:19-26.
`
`21.
`
`Fig. 2 (reproduced below) from the ’973 patent shows one of the
`
`“different forms of light emitting panel assemblies in accordance with this
`
`invention.” Id. at 2:40-42.
`
`
`
`22.
`
`The ’973 patent discusses light emitting panel assemblies with
`
`panel members “having a pattern of individual light extracting deformities of
`
`well defined shapes on or in one or more surface areas of the light emitting
`
`panel member.” Id. at 1:32-34.
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`DDG_000422
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`

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`23.
`
`Fig. 4A (reproduced below) shows a “portion of a light output
`
`area of a panel assembly showing one form of pattern of light extracting
`
`deformities on the light output area.” Id. at 2:43-45.
`
`
`
`24.
`
`The ’973 patent also discusses that “the pattern of light extracting
`
`deformities may be uniform or variable as desired to obtain a desired light
`
`output distribution form the panel surface areas.” Id. at 2:1-4.
`
`25.
`
`The ’973 patent further discusses that “the size and shape as well
`
`as the depth or height and angular orientation and location of the light
`
`extracting deformities may vary along the length and/or width of any given
`
`panel surface area to obtain a desired light output distribution from the panel
`
`member.” Id. at 2:5-10.
`
`26.
`
`The summary of the invention of the ’973 patent concludes by
`
`stating that the “various light emitting panel assemblies of the present
`
`
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`
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`DDG_000423
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`

`
`
`
`invention are relatively efficient panel assemblies that may be used to produce
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`increased uniformity and higher light output from the panel members with
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`lower power requirements, and allow the panel members to be made thinner
`
`and/or longer, and/or of various shapes and sizes.” Id. at 2:23-28.
`
`27.
`
`The ’973 patent describes that a “pattern of light extracting
`
`deformities or disruptions may be provided on one or both sides of the panel
`
`members or on one or more selected areas on one or both sides of the panel
`
`members, as desired.” Id. at 6:1-4.
`
`28.
`
`The ’973 patent also mentions that “[t]he pattern of light
`
`extracting deformities 21 shown in FIG. 4a includes a variable pattern which
`
`breaks up the light rays such that the internal angle of reflection of a portion of
`
`the light rays will be great enough to cause the light rays either to be emitted
`
`out of the panel through the side or sides on which the light extracting
`
`deformities 21 are provided or reflected back through the panel and emitted
`
`out the other side.” Id. at 6:10-17.
`
`29.
`
`The ’973 patent describes that the deformities may be produced
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`in a variety of manners: “These deformities or disruptions 21 can be produced
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`in a variety of manners, for example, by providing a painted pattern, an etched
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`pattern, a machined pattern, a printed pattern, a hot stamped pattern, or a
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`molded pattern or the like on selected light output areas of the panel members.
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`DDG_000424
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`

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`
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`An ink or printed pattern may be applied for example by pad printing, silk
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`screening, ink jet, heat transfer film process or the like. The deformities may
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`also be printed on a sheet or film which is used to apply the deformities to the
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`panel member.” Id. at 6:18-26.
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`30.
`
`The ’973 patent describes that the deformities may be varied to
`
`affect the light output of the panels: “By varying the density, opaqueness or
`
`translucence, shape, depth, color, area, index of refraction, or type of
`
`deformities 21 on an area or areas of the panels, the light output of the panels
`
`can be controlled. The deformities or disruptions may be used to control the
`
`percent of light emitted from any area of the panels. For example, less and/or
`
`smaller size deformities 21 may be placed on panel areas where less light
`
`output is wanted. Conversely, a greater percentage of and/or larger deformities
`
`may be placed on areas of the panels where greater light output is desired.” Id.
`
`at 6:32-41.
`
`31.
`
`The ’973 patent further describes varying the deformities:
`
`“Varying the percentages and/or size of deformities in different areas of the
`
`panel is necessary in order to provide a uniform light output distribution. For
`
`example, the amount of light traveling through the panels will ordinarily be
`
`greater in areas closer to the light source than in other areas further removed
`
`from the light source. A pattern of light extracting deformities 21 may be used
`
`
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`DDG_000425
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`

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`
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`to adjust for the light variances within the panel members, for example, by
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`providing a denser concentration of light extracting deformities with increased
`
`distance from the light source 3 thereby resulting in a more uniform light
`
`output distribution from the light emitting panels.” Id. at 6:42-53.
`
`32.
`
`The deformities in the ’973 patent can control the output ray angle
`
`distribution of light emitting from the panels: “The deformities 21 may also be
`
`used to control the output ray angle distribution of the emitted light to suit a
`
`particular application. For example, if the panel assemblies are used to provide
`
`a liquid crystal display back light, the light output will be more efficient if the
`
`deformities 21 cause the light rays to emit from the panels at predetermined
`
`ray angles such that they will pass through the liquid crystal display with low
`
`loss.” Id. at 6:54-60.
`
`33.
`
`The ’973 patent describes other details about the uses of the
`
`deformities and how they may be printed on the panels: “the pattern of light
`
`extracting deformities may be used to adjust for light output variances
`
`attributed to light extractions of the panel members. The pattern of light
`
`extracting deformities 21 may be printed on the light output areas utilizing a
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`wide spectrum of paints, inks, coatings, epoxies, or the like, ranging from
`
`glossy to opaque or both, and may employ half-tone separation techniques to
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`vary the deformity 21 coverage. Moreover, the pattern of light extracting
`
`
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`
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`DDG_000426
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`

`
`
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`deformities 21 may be multiple layers or vary in index of refraction.” Id. at
`
`6:61 through 7:3.
`
`34.
`
`The ’973 patent includes further discussion on the various shapes
`
`of the deformities, their density of placement, their varying in shape and/or
`
`size along the length and/or width of the panel, and other details about the
`
`deformities: “Print patterns of light extracting deformities 21 may vary in
`
`shapes such as dots, squares, diamonds, ellipses, stars, random shapes, and the
`
`like, and are desirably 0.006 square inch per deformity/element or less. Also,
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`print patterns that are 60 lines per inch or finer are desirably employed, thus
`
`making the deformities or shapes 21 in the print patterns nearly invisible to the
`
`human eye in a particular application thereby eliminating the detection of
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`gradient or banding lines that are common to light extracting patterns utilizing
`
`larger elements. Additionally, the deformities may vary in shape and/or size
`
`along the length and/or width of the panel members. Also, a random placement
`
`pattern of the deformities may be utilized throughout the length and/or width
`
`of the panel members. The deformities may have shapes or a pattern with no
`
`specific angles to reduce moire or other interference effects. Examples of
`
`methods to create these random patterns are printing a pattern of shapes using
`
`stochastic print pattern techniques, frequency modulated half tone patterns, or
`
`random dot half tones. Moreover, the deformities may be colored in order to
`
`
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`DDG_000427
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`

`
`
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`effect color correction in the panel members. The color of the deformities may
`
`also vary throughout the panel members, for example to provide different
`
`colors for the same or different light output areas.” Id. at 7:4-26.
`
`35.
`
`The ’973 patent further discloses that other deformities may be
`
`used in the panels of the invention: “In addition to or in lieu of the patterns of
`
`light extracting deformities 21 shown in FIG. 4a, other light extracting
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`deformities including prismatic surfaces, depressions or raised surfaces of
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`various shapes using more complex shapes in a mold pattern may be molded,
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`etched, stamped, thermoformed, hot stamped or the like into or on one or more
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`areas of the panel member. FIGS. 4b and 4c show panel areas 22 on which
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`prismatic surfaces 23 or depressions 24 are formed in the panel areas, whereas
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`FIG. 4d shows prismatic or other reflective or refractive surfaces 25 formed on
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`the exterior of the panel area. The prismatic surfaces, depressions or raised
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`surfaces will cause a portion of the light rays contacted thereby to be emitted
`
`from the panel member. Also, the angles of the prisms, depressions or other
`
`surfaces may be varied to direct the light in different directions to produce a
`
`desired light output distribution or effect. Moreover, the reflective or refractive
`
`surfaces may have shapes or a pattern with no specific angles to reduce moire
`
`or other interference effects.” Id. at 7:4-26.
`
`
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`
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`DDG_000428
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`

`
`
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`36.
`
`Figure 25 shows one of the patterns of light extracting deformities
`
`of well-defined shapes as disclosed by the ’973 patent.
`
`
`
`37.
`
`One of the novel disclosures of the ’973 patent is depicted in
`
`Figure 39B. Figure 39B depicts a “top plan view similar to FIG. 39A but
`
`showing a plurality of light sources optically coupled to different portions of
`
`the width of the input edge of the panel surface with the reflective or refractive
`
`light extracting surfaces of the deformities at different locations across the
`
`width of the panel surface oriented to face the different portions of the width
`
`of the input edge to which the different light sources are optically coupled and
`
`the deformities in close proximity to the input edge increasing in density, size
`
`and depth or height as the distance of the deformities from the respective light
`
`sources increases across the width of the panel surface.” Id. at 3:64 through
`
`4:8.
`
`
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`
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`DDG_000429
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`

`
`
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`38.
`
`Specifically, the ’973 patent states that “Fig. 39B shows a
`
`plurality of light sources 3 optically coupled to different portions of the width
`
`of the input edge of the panel surface area 22 and the reflective or refractive
`
`light extracting surfaces 101' of different ones of the deformities 135 at
`
`different locations across the panel surface area oriented at different angles to
`
`face different portions of the input edge to which the respective light sources
`
`are optically coupled. Also FIG. 39B shows the deformities in close proximity
`
`to the input edge increasing in density, size and depth or height as the distance
`
`of the deformities from the respective light sources increases across the width
`
`of the panel surface.” Id. at 12:42-52.
`
`39.
`
`For reference, Fig. 39B is reproduced below (rotated to save
`
`space).
`
`
`
`B. Overview of Shinohara
`U.S. Patent No. 6,167,182 to Shinohara et al. (“Shinohara”)
`
`40.
`
`describes a surface light source device used for a liquid crystal display device. Ex.
`
`1010, (“Shinohara”) at 1:8-10. Shinohara discusses several “objects of the present
`
`
`
`
`
`DDG_000430
`
`

`
`
`
`invention” including increasing “utilization efficiency of light from a light source”
`
`such as point light source used in a “surface light source” (id. at 2:47-52); making
`
`“it possible to make the luminance distribution on a light output surface uniform
`
`in a surface light source device using a smaller light source” (id. at 2:53-57).
`
`41.
`
`Shinohara also states that “[i]t is preferable that the size of the
`
`light source (the length, along the width of the light incidence surface, of the
`
`light source) is not more than one-half the width of the light incidence surface.
`
`It is more desirably not more than approximately one-fifth the width of the
`
`light incidence surface because the light source can be substantially handled as
`
`a point light source. In a case where a plurality of light sources are disposed,
`
`close to one another, the length of the whole of a range in which the light
`
`sources are disposed can be set to the size of the light sources.” Id. at 3:18-27.
`
`Shinohara again describes the size of its light sources, stating, “a light source,
`
`smaller than the width (the length of a side on which the light output surface
`
`and the light incidence surface meet) of the light incidence surface of the
`
`optical guide plate.” Id. at 2:66 through 3:2. Shinohara further describes its
`
`light sources at 5:23-25 (“a light source, smaller than the width of the light
`
`incidence surface of the optical guide plate, disposed on the side of the light
`
`incidence surface of the optical guide plate”) at 6:42-44 (“In the surface light
`
`source device using the smaller light source, as compared with the width of the
`
`
`
`
`
`DDG_000431
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`

`
`
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`light output surface of the optical guide plate”); and at 8:58-61 (“When the
`
`smaller light source, as compared with the width of the light incidence surface
`
`of the optical guide plate is used, the density of the diffuse pattern is easily
`
`saturated at a corner of the optical guide plate.”).
`
`42.
`
`Shinohara also states that “[i]n a further mode of the present
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`invention, the length of the diffuse pattern element decreases as the distance
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`from the light source decreases.” 4:24-26. Shinohara continues: “If the nearer
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`the diffuse pattern element is positioned to the light source, the shorter the
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`length thereof is, the intensity and the direction of emitted light which are
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`caused by the diffuse pattern element can be made uniform, thereby
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`contributing to the uniformity of the light intensity in the whole of the surface
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`light source device.” 4:39-44
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`43.
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`Shinohara also states that “[a]n example of the optical guide plate
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`is one made of acrylics having a thickness of 0.8 mm (an index of refraction
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`of 1.492) and having the diffuse pattern elements shown in FIG. 10 formed on
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`its lower surface.” 18:41-45. And Shinohara further states, “The thickness of
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`the optical guide plate 22 is approximately 0.8 mm.” 21:44-46. Shinohara reads
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`further: “FIG. 22 shows that the output rate p is saturated at a position spaced
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`approximately 23 mm apart from the point light source 30.” 18:65 through
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`19:4.
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`DDG_000432
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`44.
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`Shinohara includes several Figures depicting its embodiments,
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`including Figure 9. Describing Figure 9, Shinohara states: “[t]he diffuse
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`pattern 24 formed on the optical guide plate 22 includes a lot of diffuse pattern
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`elements 24a, and the diffuse pattern elements 24a are arranged concentrically
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`around the point light source 30 in correspondence with the light propagating
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`while being radially spread. When the diffuse pattern 24 is viewed as a whole,
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`the spacing between the adjacent diffuse pattern elements 24a narrows as the
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`distance from the point light source 30 increases, and the density of existence
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`of diffuse pattern elements gradually increases as the distance from the point
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`light source 30 increases.” 13:39-49.
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`DDG_000433
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`diffuse pattern element 24a is not less than twice the width W thereof (L ≧
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`45.
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`Describing Figure 11, Shinohara states that “[t]he length L of the
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`2W).” 13:64-66.
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`46.
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`Shinohara also notes that “when the point light source 30 is used,
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`the relationship expressed by the equation (2) also almost holds with respect
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`to the density of the diffuse pattern elements, similarly to the output rate ρ.
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`That is, the output rate ρ can be replaced with the density of the diffuse pattern
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`elements in the equation (2). The density of the diffuse pattern elements is zero
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`at the position of the point light source 30, while linearly increasing with the
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`distance r in the vicinity of the point light source 30. The density of the diffuse
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`pattern elements in the diffuse pattern 24 shown in FIG. 9 almost satisfies the
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`equation (2).” Id. at 18:27-37.
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`DDG_000434
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`47.
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`There is also an embodiment in Shinohara with two point light
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`sources that are disposed relatively close to one another. See id. at 19:55-62
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`(“the point light sources 30 are disposed, relatively close to one another. When
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`the plurality of point light sources 30 are thus disposed, close to one another,
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`the plurality of point light sources 30 can be regarded as one point light source.
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`Therefore, a diffuse pattern 24 may be designed, considering that one point
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`light source exists at the central position of the point light sources 30.”); see
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`also Fig. 26.
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`DDG_000435
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`48.
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`An embodiment with two light sources is also shown in Figure 27
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`and described as such: “The surface light source device comprises a plurality
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`of point light sources 30, and the point light sources 30 are spaced apart from
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`each other. When the plurality of point light sources 30 are arranged so as to
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`be spaced apart from each other, an optical guide plate 22 may be divided for
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`each of the point light sources 30, to respectively design diffuse patterns 24
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`such that for each of areas obtained by the division, the luminance distribution
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`is uniform with respect to the corresponding point light source 30, and the
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`luminance of the surface light source device is increased, that is, the equation
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`(2) is satisfied. Particularly, it is desirable that the density of the diffuse pattern
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`24 is zero in the vicinity of each of the point light sources 30.” Id. at 19:65
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`through 20:11. That description of Fig. 27 never mentions the size of the
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`diffuse pattern elements, nor does it mention the density or size of those
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`elements when positioned near the light incidence surface, other than to
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`mention that the “density of the diffuse pattern 24 is zero in the vicinity of each
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`of the point light sources 30.”
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`DDG_000436
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`C. Claim Construction
`I understand that for an expired patent, such as the ’973 patent,
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`49.
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`the PTAB applies claim construction similar to that of the district court. I
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`understand that this means that the claim terms are generally given their
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`ordinary and customary meaning as understood by a person of ordinary skill
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`in the art at the time of the invention. Under this standard of claim construction,
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`in the case of ambiguity, terms are construed with an eye toward preserving
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`validity.
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`50.
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`I understand that, in this analysis, the specification is always
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`highly relevant and that it is often times the single best guide to the meaning
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`DDG_000437
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`of a disputed term. I also understand that courts look to the claims themselves
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`and the prosecution history as further intrinsic evidence of the meaning of a
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`disputed claim term.
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`51.
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`I further understand that that the courts can look to extrinsic
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`evidence during claim construction, but that extrinsic evidence is given less
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`weight than intrinsic evidence. Extrinsic evidence includes things like expert
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`and inventor testimony, dictionaries, and learned treatises.
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`52.
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`Given that claim terms are understood by a person of ordinary
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`skill in the art at the time of the invention, a definition of one of ordinary skill
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`in the art must be established to construe the claims of the ’973 patent. I
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`understand that factors such as the education level of those working in the field,
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`the sophistication of the technology, the types of problems encountered in the
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`art, the prior art solutions to those problems, and the speed at which
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`innovations are made may help establish the level of skill in the art.
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`53.
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`In this declaration, I rely on the following definition of a person
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`of ordinary skill in the art: a person of ordinary skill in the art of the ’973 patent
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`would hold an undergraduate degree in physics, material science, electrical
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`engineering, or mathematics and have one or both of the following: (1) three
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`or more years of work experience in a field related to optical technology; or
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`(2) a graduate degree in a field related to optical technology.
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`DDG_000438
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`54.
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`I consider myself to have exceeded such “ordinary skill in the art”
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`with respect to the subject matter of the ʼ973 patent at the time of the invention.
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`IV.
`ANALYSIS
`A. The ’973 Patent is Entitled to a June 27, 1995, Priority Date
`The ’973 patent claims priority back to U.S. Patent No. 5,613,751,
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`55.
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`which issued from U.S. Patent Application No. 08/495,176 (the “’176
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`grandparent application”). The ’176 grandparent application was filed on June
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`27, 1995.
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`56.