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`SPX-1011
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`SPX-1011
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
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`Trial Number:
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`In the Inter Partes Review of:
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`Filed:
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`Issued:
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`Inventor(s): Pearce, Tony M.
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`Assignee: Edizone, LLC
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`Title:
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`U.S. Patent No. 6,026,527
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`August 13, 1997
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`February 22, 2000
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`Gelatinous Cushions With
`Buckling Columns
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`To Be Assigned
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`Panel:
`To Be Assigned
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`To: Mail Stop Inter Partes Review
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`Patent Trial and Appeal Board
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`Commissioners for Patents
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`PO Box 1450
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`Alexandria VA 22313-1450
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`DECLARATION OF MICHAEL RUBINSTEIN, PH.D. UNDER 37 C.F.R.
`§1.68 IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 6,026,527
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`I, Michael Rubinstein, Ph.D. hereby declare as follows:
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`I.
`1.
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`INTRODUCTION
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`I have been retained as an expert witness on behalf of Spenco Medical
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`Corporation ("Spenco") for the above-captioned Petition for Inter Partes
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`Review ("IPR") of U.S. Patent No. 6,026,527 ("the '527 Patent"). I am being
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`compensated for my time in connection with this IPR at my standard
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`consulting rate of $500 per hour. My compensation is in no way dependent
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`on the outcome of this matter.
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`2.
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`I have been asked to provide my opinions regarding whether Claims 1, 3-31,
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`33-36 and 39-41 of U.S. Patent No. 6,026,527 ("Subject Claims”) are invalid
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`because those claims are obvious to a person having ordinary skill in the art
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`at the time of the alleged invention.
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`3.
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`The face of the '527 Patent names Tony M. Pearce as the purported inventor
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`and identifies Edizone, LC as the purported assignee of the '527 Patent.
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`(SPX 1001 at Cover.)
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`4.
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`In preparing this Declaration, I have reviewed the '527 Patent (SPX 1001),
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`the file history of the '527 Patent, the ‘527 Reexamination Certificate C2
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`(SPX 1002), and the related parent application, which issued as U.S. Patent
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`No. 5,749,111 (“the ’111 Patent”) (SPX 1003), and numerous prior art
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`references and technical references from the time of the alleged invention.
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`5.
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`The ‘527 Patent was filed on August 13, 1997 and issued on February 22,
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`2000 with an earliest possible priority date of February 14, 1996 based on
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`priority claim through a parent patent application Serial No. 08/601,374.
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`The '527 Patent is a continuation-in-part of U.S. Patent Application No.
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`08/601,374, filed on February 14, 1996, which is issued as U.S. Patent No.
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`5,749,111 ("the '111 patent") (SPX 1003).
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`6.
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`Based on the above filings, I have been asked to assume that the priority date
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`of the alleged invention recited in the '527 Patent is February 14, 1996.
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`7.
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`In forming the opinions expressed in this Declaration, I relied upon my
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`education and experience in the relevant field of the art, and have considered
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`the viewpoint of a person having ordinary skill in the relevant art, no later
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`than the earliest filing date time period in February 1996.
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`II. BACKGROUND AND QUALIFICATIONS
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`8.
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`In forming the opinions expressed in this Declaration, I relied upon my
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`educational background, as well as my
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`teaching and professional
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`experiences.
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`A. My Education
`I received my Ph.D. doctorate degree in Physics in 1983 from Harvard
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`9.
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`University, after receiving my Master of Arts degree from Harvard
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`University in 1980 and Bachelor of Science degree in Physics from
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`California Institute of Technology in 1979.
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`B. My Consulting and Work Experience
`10. After graduation with my Ph.D. doctorate degree in 1983, I worked at Bell
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`Laboratories as a Post-Doctoral Fellow from 1983-1985 and later worked at
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`Eastman Kodak Company as a Research Scientist from 1985-1995.
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`Between 1995 to present, I am on the Faculty of the Department of
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`Chemistry at the University of North Carolina, Chapel Hill. I have also been
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`retained as a consultant with various companies, including (but not limited
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`to) Eastman Kodak Company (1995-2001), Eisai Inc. (1995), Tesa Tape,
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`Inc. (1999-2001), Halliburton Energy Services, Inc. (2013-present), the
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`Kimberly-Clark Corporation (2008-present), and Cabot Corporation (2001-
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`present).
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`11. Since obtaining my Ph.D. in 1983, I have actively consulted for various
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`clients in the field of elastomeric materials, polymer physics, and polymer
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`technology, including work on development, analysis and assessment of
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`viscoelastic and visco-elastomeric materials. For instance, I have researched
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`the physical properties of gel networks made from viscoelastic and visco-
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`elastomeric materials, such as analysis of the deformability and elasticity of
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`gels and polymer networks under different strains, stresses and conditions.
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`My consulting work for various clients includes the research, analysis and
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`assessment of triblock gel polymers, such as those gel materials mentioned
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`to be used for cushions in the ‘527 Patent and the triblock copolymer
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`identified in U.S. Patent No. 5,336,708 (“the Chen ‘708 Patent.”) (SPX
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`1010).
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`12. During my professional and consulting work since the early 1980s through
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`the mid-1990s (earlier than the February, 1996 time frame), I have
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`specifically analyzed gel and elastomeric products, compositions and
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`materials including polybutadiane, polyisoprene, natural rubber (India
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`rubber), gelatin, agarose, and polyesters, which I would classify as a group
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`of viscoelastic elastomers and gels.
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`13. With respect to these viscoelastic materials, I have specifically researched
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`the viscoelasticity and rheological properties of such compositions and
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`materials, including the response and yield to compressions applied to these
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`viscoelastic gels. I have researched triblock copolymers and analyzed the
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`way they flow and respond to external forces.
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`14. Since the early 1980s through the mid-1990s (and since then), I researched
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`and consulted on projects involving the possible uses and applications for
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`viscoelastic and visco-elastomeric materials and gels,
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`including
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`the
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`construction and use of such material in automobile tires and other types of
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`cushioning materials, as well as applications of these gel materials for
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`interaction with human tissue and human tissue replacement, such as
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`artificial eye lenses. Other applications for the polymer gel material I have
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`researched
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`include
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`toner for copier applications, pressure sensitive
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`adhesives, wound care application compositions, materials for acoustic
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`sensors in secondary oil recovery, and viscoelasticity and swelling of
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`mucous gel layers in the lungs.
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`15. From 1985 and up to 1995, I worked at the Research Labs at Eastman Kodak
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`Company where I analyzed viscoelasticity and rheology properties of
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`viscoelastic and visco-elastomeric polymers (including triblock copolymers),
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`compositions and materials, including the responsiveness and yield to
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`compressions applied to the viscoelastic and viscoelastomeric materials and
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`gels. My early research included the modeling of mixing and cross-linking
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`of the base materials to produce viscoelastic and visco-elastomeric gels and
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`elastomers, with the associated measurement of the viscoelasticity and
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`rheology properties of these materials including the responsiveness and yield
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`to compressions applied to these visco-elastomeric polymers, compositions
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`and materials.
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`16. Since 1995, I have supervised and run the Polymer Physical Chemistry Lab
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`at the University of North Carolina, Chapel Hill, where we have supervised
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`undergraduate, graduate, and post-doctoral students and assistants in their
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`undergraduate, graduate and post-graduate theoretical, computational, and
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`experimental studies of viscoelastic and visco-elastomeric polymers,
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`compositions and materials.
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`C. My Teaching, Research and Presentation Experience
`I have been a Professor at the University of North Carolina since 1999
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`17.
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`(associate professor since 1995), and have held the position of the John P.
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`Barker Distinguished Professorship at University of North Carolina from
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`2006 to present. A primary focus of my academic and professional studies
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`has been polymer physics, which is generally the scope of the invention set
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`forth in the ‘527 Patent.
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`18.
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`I teach, and have taught, a wide variety of classes at the undergraduate and
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`graduate level covering elastic, elastomeric and visco-elastomeric polymeric
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`materials and their properties, including structures and devices in cushioning
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`or elastic materials. Many of these classes incorporate lectures and exercises
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`where students are trained to calculate properties of elastic, elastomeric and
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`visco-elastomeric materials, including structures and devices in cushioning
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`of elastic triblock copolymer materials.
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`19.
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`I presented Invited Lectures at Conferences as a recognized expert in the
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`field of polymer science prior to February 1996, which include the following
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`conferences: (1) December 1995 US/France Meeting on Polymers: Ordering
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`in Polymers, Gainesville, Florida, “Elasticity and Order in Polymer
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`Networks,” (2) October 1995 Symposium on Computer Modeling of
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`Polymers, at the Northeast Regional ACS Silver Anniversary Meeting,
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`Rochester, NY, “Cascade of Transitions of Polyelectrolytes in Poor
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`Solvent,” (3) March 1995 Symposium on Interfaces and Surfaces in the
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`Rheology of Polymers: Polymer-Solid Interfacial Interaction and Slip, ACS
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`National Meeting, Anaheim, CA, “Polymer Dynamics at Attractive
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`Interface,” (4) January 1995 Polymers-West Gordon Research Conference,
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`Ventura, CA, “Scaling Theory of Charged Polymers,” (5) August 1994
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`Gordon Research Conference on Science of Adhesion, Tilton, NH, “Chain
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`Pull Out and Polymer Adhesion,” (6) June 1994 Workshop on Collective
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`Phenomena in Polymers, London, ON, Canada, “Scaling Theory of
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`Polyelectrolyte Solutions,” (7) March 1994 Symposium on Block
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`Copolymer Dynamics, ACS National Meeting, San Diego, CA, “Interface
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`Reinforcement by Block Copolymers,” (8) August 1993 Symposium on
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`Recent Advances on the Synthesis and Characterization of Block and Graft
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`Copolymers, ACS National Meeting, Chicago, IL, “Dynamics of Block
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`Copolymers,” (9) March 1993 Symposium on Elastomers, ACS National
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`Meeting, Denver, CO, “Superelastic Networks,” (10) December 1992
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Society of Polymer Science of Japan 4th International Polymer Conference,
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`Yokohama, Japan, “Dynamics of Block Copolymers,” (11) May 1992
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`Recent Developments in Ionomers, Interdisciplinary Workshop, Pacific
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`Grove, CA, “Dynamics of Reversible Networks,” (12) January 1992
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`Polymers-West Gordon Research Conference, Ventura, CA, “Dynamics of
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`Block Copolymers,” (13) September 1991 Polymer Modeling on High
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`Performance Computers, National Center for Supercomputing Applications,
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`Beckman Institute for Advanced Science and Technology, University of
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`Illinois at Urbana-Champaign, IL, “Computer Simulations of Polymers,”
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`(14) August 1991 Joint ACS/APS Symposium on Thermoreversible
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`Gelation of Polymers, New York ACS Meeting in Conjunction with the
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`Fourth Chemical Congress of North America, “Dynamics of Reversible
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`Networks,” (15) August 1991 Workshop on “Critical Phenomena and
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`Related Problems in Polymer Physics,” Peterborough, Canada, “Sol-Gel
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`Transition,” (16) June 1991 International School-Seminar on Modern
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`Problems of Physical Chemistry of Macromolecules, Puschino, USSR,
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`“Dynamics of Block Copolymers,” (17) March 1991 APS March Meeting,
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`Cincinnati, OH, “Giant Fluctuations of Crosslink Positions in Gels,” (18)
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`December 1989 MRS Fall Meeting, Boston, MA, “Dynamics of Polymer
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`Gelation,” (19) April 1989 ACS Meeting, Dallas, TX, “Dynamic Scaling for
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Polymer Gelation,” (20) January 1989 Polymers-West Gordon Research
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`Conference, Ventura, CA, “Scaling Properties of Gel Forming Systems,”
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`(21) November 1988 11th Taniguchi Symposium on Space-Time
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`Organization of Macromolecules, Hakone, Japan, “Dynamics of Entangled
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`Polymers,” (22) July 1988 Polymers Gordon Research Conference, New
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`London, NH, “Discretized Version of the Reptation Model of Entangled
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`Polymer Dynamics,” (23) June 1988 International Symposium on New
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`Trends in Physics and Physical Chemistry of Polymers honoring Professor
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`P. G. de Gennes, Toronto, ON, “Reptation Model of Entangled Polymers,”
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`(24) August 1987 Conference on Polymer Melt Dynamics at Michigan
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`Molecular Institute, Midland, MI, “Dynamics of Entangled Polymers.”; (25)
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`June 1987 Rochester Condensed Matter Symposium, Rochester, NY,
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`“Dynamics of Entangled Polymers.”
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`20.
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`I presented Invited Lectures for Conferences as a recognized expert in the
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`field of polymer science after February 1996, which are enumerated in my
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`Curriculum Vitae attached hereto at SPX 1012.
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`21. Prior and up to February 1996, I have presented Invited Lectures as a
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`recognized expert regarding polymer science at Universities and Research
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`Laboratories, which include presenting lectures at the following institutions:
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`Rahm and Haas, Spring House, PA; John Hopkins University, Baltimore,
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`MD; College de France, Paris, France; Institut Charles Sadron, Strasbourg,
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`France; ESPCI, Paris, France; Dow Lecture in Polymer Science at
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`Department of Chemistry, University of Detroit Mercy, Detroit, MI; Institute
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`for Advanced Study, Princeton, NJ; North Carolina State University,
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`Raleigh, NC; Moscow State University, Moscow, Russia; University of
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`Florida, Gainesville, FL; Osaka University, Osaka, Japan; Laboratoire Leon
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`Brillouin, CEN Saclay, France; ; McGill University, Montreal, Canada;
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`USSR Academy of Sciences, Moscow, USSR; Moscow State University,
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`Moscow, USSR; Cornell University, Ithaca, NY; Institut Charles Sadron,
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`Strasbourg, France; Laboratoire Leon Brillouin, CEN Saclay, France;
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`Georgia Institute of Technology, Atlanta, GA; Corporate Research Science
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`Laboratory, Exxon Research and Engineering Company, Annandale, NJ;
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`Boston University, Boston, MA; Technion, Haifa, Israel; Weizmann
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`Institute of Science, Rehovot, Israel; University of Massachusetts, Amherst,
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`MA; Clarkson University, Potsdam, NY; University of Illinois, Urbana, IL;
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`Northwestern University, Evanston, IL 110; Harvard University, Cambridge,
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`MA; Cornell University, Ithaca, NY; University of Rochester, Rochester,
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`NY; Research Laboratories, Eastman Kodak Company, Rochester, NY;
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`Naval Research Laboratories, Washington, DC; Massachusetts Institute of
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`Technology, Lexington, MA; Pennsylvania State University, University
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Park, PA; Carnegie-Mellon University, Pittsburgh, PA; Schlumberger-Doll
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`Laboratory, Ridgefield, CT; California Institute of Technology, Pasadena,
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`CA; National Bureau of Standards, Gaithersburg, MD; Columbia University,
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`New York, NY; GTE Laboratories, Waltham, MA; AT&T Bell
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`Laboratories, Murray Hill, NJ; Department of Physics, University of
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`Sherbrook, Sherbrook, Canada.
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`22.
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`I have presented Invited Lectures as a recognized expert regarding polymer
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`science for Universities and Research Laboratories after February 1996,
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`which include presenting lectures at the following institutions: Pennsylvania
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`State University, State College, PA; MIT PPST Polymer Seminar,
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`Cambridge, MA; UCLA, Westwood, CA; Weizmann Institute, Rehovot,
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`Israel; North Carolina State University, Raleigh, NC; University of South
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`Florida, Tampa, FL; ESPCI, Paris, France; Michelin Research Center,
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`Clermont-Ferrand, France; Princeton University, Princeton, NJ; University
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`of Pennsylvania, Philadelphia, PA; Duke University, Durham, NC;
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`University of Massachusetts, Amherst, MA; University of Akron, Akron,
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`OH; Dow Chemical Company, Midland, MI; Central Michigan University,
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`MI; University of Maryland, MD; ESPCI, Paris, France; Virginia Tech,
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`Blacksburg, VA; John Hopkins University, Baltimore, MD; University of
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`Massachusetts Medical School, Worcester, MA; Virginia Institute of
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Technology, Blacksburg, VA; New York University, New York, NY;
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`Georgia Institute of Technology, Atlanta, GA; Kent State University, Kent,
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`OH;
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`Indiana University, Bloomington,
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`IN; University of Florida,
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`Gainesville, FL; Caltech, Pasadena, CA; MIT PPST Polymer Seminar,
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`Cambridge, MA; Cabot Corporation, Billerica, MA; Delft University of
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`Technology, Delft, Netherlands; Complex Fluids Laboratory, CNRS/Rhodia,
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`Cranbury, NJ; Chinese Academy of Sciences, Beijing, China; Chinese
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`University of Hong Kong, Hong Kong, China; Emory University and
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`Georgia Institute of Technology, Atlanta, Georgia; Case Western Reserve
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`University, Cleveland, OH; Cornell University, Ithaca, NY; California
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`Institute of Technology, Pasadena, CA; Virginia Polytechnic Institute and
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`State University, Blacksburg, VA; University of Texas, Austin, TX;
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`University of California, Santa Barbara, CA; McGill Chemical Society,
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`Montreal, PQ, Canada; SUNY, Stony Brook, NY; Purdue University,
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`Indianapolis, IN; University of Wisconsin, Madison, WI; Beiersdorf AG,
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`Hamburg, Germany; Max Planck Institute Polymerforsch, Mainz, Germany;
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`University of Freiburg, Germany; Closure Medical Corporation, Raleigh,
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`NC; Columbia University, New York, NY; North Carolina State University,
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`Raleigh, NC; University of Minnesota, Minneapolis, MN; Clemson
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`University, Clemson, SC; Kodak Research Laboratories, Rochester; Ecole
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Normale Superieure, Paris, France; University of Ulm, Ulm, Germany;
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`Institut Charles Sadron, Strasbourg, France; College de France, Paris,
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`France;
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`Institut Laue-Langevin, Grenoble, France; Ecole Normale
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`Superieure, Paris, France; University of Freiburg, Freiburg, Germany;
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`Kodak Research Laboratories, Rochester, NY; Institute of Macromolecular
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`Compounds, Academy of Sciences of Russia, St. Petersburg, Russia.
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`23. Apart from the University of North Carolina, I have taught as a visiting
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`professor/instructor at
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`the following
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`institutions: (1) 2012 Summer
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`organized and taught a 4-week course on “Polymers in Soft & Biological
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`Matter” at Boulder Summer School, Boulder, CO; (2) 2011 Summer
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`“Polymer Dynamics” at Dynacop summer school, Capri, Italy; (3) 2010 Fall
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`Workshop on “Active Materials” at the National Institute for Theoretical
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`Physics, Wallenberg Center, Stellenbosch, South Africa; (4) 2009 Summer
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`Mini-course on “Polymer Dynamics” as part of the summer program on
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`“Soft Solids and Complex Fluids”, Amherst, MA; (5) 2008 Summer Mini-
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`course on “Polymer Dynamics” as part of the summer program on Dynamics
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`of Soft Materials, DynaSoft08 Summer School, Cargese, France; (6) 2002
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`Summer Mini-course on “Polymer Physics” as part of the summer program
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`on Physics of Soft Condensed Matter at the Boulder School for Condensed
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`Matter and Materials Physics; Boulder, CO; (7) 2002 Spring “Rheology of
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Polymeric Liquids,” ChE/Materials 238A-B, Chemical Engineering
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`Department, University of California, Santa Barbara; and (8) 1998 Spring
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`“Tube Model 30 Years Later” a four-lecture course at College de France,
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`Paris.
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`D. My Journals, Reviews, Articles and Books
`24. Prior and up to February 1996, I have authored or co-authored journal
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`publications, reviews and conference proceedings that include the following:
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`(1) “Scaling Theory of Polyelectrolyte Solutions” by A. V. Dobrynin, R. H.
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`Colby and M. Rubinstein, Macromolecules 28, 1859-1871 (1995); (2) “Flory
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`Theory of a Polyampholyte Chain” by A. V. Dobrynin and M. Rubinstein,
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`Phys. II (France) 5, 677 (1995); (3) “Reptation Dynamics of a Polymer Melt
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`near an Attractive Solid Interface” by Zheng, B. B. Sauer, J. G. Van Alsten,
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`S. A. Schwartz, M. H. Rafailovich, J. Sokolov and M. Rubinstein, Phys.
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`Rev. Lett. 74, 407 (1995); (4) “Dynamics of Semidilute Polyelectrolyte
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`Solutions” by M. Rubinstein, R. H. Colby and A. V. Dobrynin, Phys. Rev.
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`Lett. 73, 2776-2779 (1994); (5) “Dynamics of a Ring Polymer in a Gel” by
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`S. P. Obukhov, M. Rubinstein and T. A. Duke, Phys. Rev. Lett. 73, 1263-
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`1266 (1994); (6) “Surface-Induced Lamellar Ordering in a Hexagonal Phase
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`of Diblock Copolymers” by M. S. Turner, M. Rubinstein and C. M.
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`Marques, Macromolecules, 27, 4986-4992 (1994); (7) “Loop Statistics in
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Adsorbed Polymer Solutions” by J. F. Joanny, A. Johner and M. Rubinstein,
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`Coll. Surf. A: Physicochem. Eng. Asp. 86, 133-136 (1994); (8)
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`“Hydrodynamics of Polymer Solutions via Two-Parameter Scaling” by R. H.
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`Colby, M. Rubinstein and M. Daoud, J. Phys. II (France) 4, 1299-1310
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`(1994); (9) “Dynamics of Stars and Linear Chains Dissolved in a Polymer
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`Melt” by F. Brochard-Wyart, A. Ajdari, L. Leibler, M. Rubinstein and J. L.
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`Viovy, Macromolecules, 27, 803-808 (1994); (10) “Slippage of Entangled
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`Polymers over a Grafted Solid” by A. Ajdari, F. Brochard-Wyart, P. G. de
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`Gennes, L. Leibler and J. L. Viovy and M. Rubinstein, Physica A, 204, 17-
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`39 (1994); (11) “Network Modulus and Superelasticity” by S. P. Obukhov,
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`M. Rubinstein and R. H. Colby, Macromolecules, 27, 3191-3198 (1994);
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`(12) “Elastic Modulus and Equilibrium Swelling of Near Critical Gels” by
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`M. Rubinstein and R. H. Colby, Macromolecules, 27, 3184-3190(1994);
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`(13) “Memory Effects in Entangled Polymer Melts” by M. Rubinstein and S.
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`P. Obukhov, Phys. Rev. Lett., 71 1856-1859 (1993); (14) “Dynamics of
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`Near-Critical Polymer Gels” by R. H. Colby, J. R. Gillmor and M.
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`Rubinstein, Phys. Rev. E, 48, 3712-3716 (1993); (15) “Dynamics of
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`Telechelic Ionomers. Can Polymer Diffuse Large Distances without
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`Relaxing Stress?” by L. Leibler, M. Rubinstein and R. H. Colby, J. Phys. II
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`(France), 3, 1581-1590 (1993); (16) “Scaling of Megabase DNA Undergoing
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Gel Electrophoresis” by S. P. Obukhov and M. Rubinstein, J. Phys. II
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`(France), 3, 1455-1459 (1993); (17) “Chain Statistics in Adsorbed Polymer
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`Solutions” by A. Johner, J. F. Joanny and M. Rubinstein, Europhys. Lett. 22,
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`591-596 (1993); (18) “Reinforcement of Rubber by Fractal Aggregates” by
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`T. A. Witten, M. Rubinstein and R. H. Colby, J. Phys. II (France) 3, 367-383
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`(1993); (19) “Power-Law-Like Stress Relaxation of Block Copolymers:
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`Disentanglement Regimes” by M. Rubinstein and S. P. Obukhov,
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`Macromolecules 26, 1740-1750 (1993); (20) “Slippage between a Rubber
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`and a Grafted Solid” by M. Rubinstein, A. Ajdari, L. Leibler, F. Brochard-
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`Wyart, P. G. de Gennes, C. R. Acad. Sci. (Paris) 316, ser. II, 317-320
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`(1993); (21) “Scaling Properties of Branched Polyesters. 2. Static Scaling
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`above the Gel Point” by R. H. Colby, M. Rubinstein, J. R. Gillmor and T. H.
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`Mourey, Macromolecules 25, 7180-7187 (1992); (22) “Giant Fluctuations of
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`Cross-link Positions in Gels” by M. Rubinstein, L. Leibler and J. Bastide,
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`Phys. Rev. Lett. 68, 405-407 (1992); (23) “Unique Behavior of Dendritic
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`Macromolecules: Intrinsic Viscosity of Polyether Dendrimers” by T. H.
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`Mourey, S. R. Turner, M. Rubinstein, J. M. J. Frechet, C. J. Hawker, and K.
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`L. Wooley, Macromolecules 25, 2401-2406
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`(1992);
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`(24) “Chain
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`Entanglement in Polymer Melts and Solutions” by R. H. Colby, M.
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`Rubinstein and J. L. Viovy, Macromolecules 25, 996-998 (1992); (25)
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`“Dynamics of Reversible Networks” by L. Leibler, M. Rubinstein and R. H.
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`Colby, Macromolecules 24, 4701-4707 (1991); (26) “Constraint Release in
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`Polymer Melts: Tube Reorganization versus Tube Dilation” by J. L. Viovy,
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`M. Rubinstein and R. H. Colby, Macromolecules 24, 3587-3596 (1991);
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`(27) Reply to the Comment on “Topological Glass Transition in Entangled
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`Flux State” by S. P. Obukhov and M. Rubinstein, Phys. Rev. Lett. 66, 2279
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`(1991); (28) “Topological Glass Transition in Entangled Flux State” by S. P.
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`Obukhov and M. Rubinstein, Phys. Rev. Lett. 65, 1279-1282 (1990); (29)
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`“Living Trees: Dynamics at a Reversible Classical Gel Point” by M. E.
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`Cates, T. C. B. McLeish and M. Rubinstein, J. Phys. C. 2, 749-754 (1990);
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`(30) “Relaxation of Entangled Polymers at the Classical Gel Point” by M.
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`Rubinstein, Zurek, T. C. B. McLeish and R. C. Ball, J. Phys. (France) 51,
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`757-775 (1990); (31) “Two Parameter Scaling for Polymers in Theta
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`Solvents” by R. H. Colby and M. Rubinstein, Macromolecules 23, 2753-
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`2757 (1990); (32) “Analysis of Multiscaling Structure in Diffusion Limited
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`Aggregation: A Kinetic Renormalization Group Approach” by X. R. Wang,
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`Y. Shapir and M. Rubinstein, Phys. Rev. A. 39, 5974-5984 (1989); (33)
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`“Improved Kinetic Renormalization Group Approach to Diffusion Limited
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`Aggregation” by X. R. Wang, Y. Shapir and M. Rubinstein, J. Phys. A. 22,
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`L507-L512 (1989); (34) “Kinetic Renormalization Group Approach to
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Diffusion Limited Aggregation” by X. R. Wang, Y. Shapir and M.
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`Rubinstein, Phys. Lett. A. 138, 274-278 (1989); (35) “Scaling Properties of
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`Branched Polyesters” by E. V. Patton, J. A. Wesson, M. Rubinstein, J. C.
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`Wilson and L. E. Oppenheimer, Macromolecules 22, 1946-1959 (1989); (36)
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`“Self-Consistent Theory of Polydisperse Entangled Polymers: Linear
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`Viscoelasticity of Binary Blends” by M. Rubinstein and R. H. Colby, J.
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`Chem. Phys. 89, 5291-5306 (1988); (37) “Discretized Model of Entangled-
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`Polymer Dynamics” by M. Rubinstein, Phys. Rev. Lett. 59, 1946-1949
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`(1987) [Reviewed by J. Meddox, “New Ways with Reptating Polymers”,
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`Nature 330, 11 (1987)]; (38) “Theory of Polydispersity Effects on Polymer
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`Rheology: Binary Distribution of Molecular Weights” by M. Rubinstein, E.
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`Helfand and D. Pearson, Macromolecules 20, 822-829 (1987); (39)
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`“Dynamics of Ring Polymers in the Presence of Fixed Obstacles” by M.
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`Rubinstein, Phys. Rev. Lett. 57, 3023-3026 (1986); (40) “Statistics of
`
`Entanglements of Polymers: Concentration Effects” by M. Rubinstein and E.
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`Helfand, J. Chem. Phys. 82, 2477-2483 (1985); (41) “One-Dimensional
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`Random Ising Ferromagnets and Antiferromagnets” by M. Ya. Azbel and M.
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`Rubinstein, Phys. Rev. B 28, 3793-3798 (1983); (42) “Resistance and Phase
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`Diagram of Quasiperiodic Systems” by M. Ya. Azbel and M. Rubinstein,
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`Phys. Rev. B 27, 6530-6533 (1983); (43) “Boundary Resistance and
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`Pseudolocalization in One-Dimensional Periodic Systems” by M. Rubinstein
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`and M. Ya. Azbel, Phys. Rev. B 27, 6484-6486 (1983); (44) “Phase
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`Correlations in One-Dimensional Disordered Systems” by M. Ya. Azbel and
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`M. Rubinstein, Phys. Rev. Lett. 51, 836-839 (1983); (45) “Dense Packed
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`Arrays on Surfaces of Constant Negative Curvature” by M. Rubinstein and
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`D. R. Nelson, Phys. Rev. B 28, 6377-6386 (1983); (46) “Two-Dimensional
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`XY Magnets with Random Dzyaloshinskii-Moriya Interactions” by M.
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`Rubinstein, B, Shraiman, and D. R. Nelson, Phys. Rev. B 27, 1800-1811
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`(1983); (47) “Order and Deterministic Chaos in Hard Disk Arrays” by M.
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`Rubinstein and D. R. Nelson, Phys. Rev. B 26, 6254-6275 (1982); and, (48)
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`“Order in Two-Dimensional Binary Random Arrays” by D. R. Nelson, M.
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`Rubinstein and F. Spaepen, Phil. Mag. A 46, 105-126 (1982).
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`25.
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`I have authored or co-authored eighty-nine (89) other journal publications,
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`reviews and conference proceedings after February 1996 regarding polymer
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`science, which are enumerated in my Curriculum Vitae attached hereto at
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`SPX 1012.
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`26.
`
`In 2003, I co-authored with Dr. Ralph Colby a text book entitled “Polymer
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`Physics,” which has multiple chapters devoted to polymer gelation and
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`viscoelasticity of polymer gels. This textbook was published by Oxford
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`University Press, Oxford, UK.
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`27. As part of my faculty role at the University of North Carolina, I participate
`
`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
`
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`in the supervision of doctoral research performed by graduate students as
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`part of obtaining their doctoral degrees. I also train and supervise post-
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`doctoral fellows after they obtain their Ph.D. degrees and before they
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`become professors at colleges and universities across the country around the
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`world, or prior to them starting work careers at industrial research and
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`development laboratories.
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`E. Awards and Honors
`I have received numerous awards and acknowledgements, which include the
`
`28.
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`significant honors enumerated below and more fully enumerated as set forth
`
`in my Curriculum Vitae attached hereto at SPX 1012.
`
`29.
`
`I currently hold the John P. Barker Distinguished Professorship at the
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`Chemistry Department of University of North Carolina, and have held that
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`Professorship since 2006.
`
`30.
`
`I was honored with an appointment as Chair of the Editorial Board of the
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`“Soft Matter” Journal in 2012, and have held that Chairmanship position
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`since that time. The “Soft Matter” Journal is the primary journal in the field
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`of soft matter and polymer physics and chemistry, and it is published by
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`Royal Society of Chemistry.
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`20
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`31.
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
`
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`In 2010, I was awarded the Polymer Prize by the American Physical Society,
`
`which is the highest honor awarded by that Society.
`
`32.
`
`I have also received a number of other honors and awards, and I am
`
`attaching my Curriculum Vitae at SPX 1012 for a full review of my
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`professional and educational background, teaching positions, seminars,
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`books, articles, other publications, honors, awards, and national and
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`international service positions.
`
`III. THE ‘527 PATENT BACKGROUND AND CLAIMS
`A. Gels and Elastomers
`I provide below a historical context and a brief overview of the gelation
`
`33.
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`process, which is derived from information provided in my book entitled
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`“Polymer Physics,” published by Oxford University Press, Oxford, UK.
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`34. Everyday life encounters many materials in transition from liquid to solid,
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`examples are preparing Jello® gelatin or mixing Epoxy glue. This
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`fascinating phenomenon is called gelation and it is caused by the
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`formation of crosslinks between polymer chains. The final state after
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`crosslinking consists of linear polymer strands being connected by
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`crosslinks.
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`35. Linking of polymer chains together
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`leads to progressively larger
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`branched polymers, and the polydisperse mixture of branched polymers
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`21
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`Declaration of Dr. Michael Rubinstein in Support of
`Petition for Inter Partes Review of USP 6,026,527
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`obtained as the result of such a process is called the “sol” since these
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`linked molecules are still soluble at this point. A
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