UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`SONY CORPORATION
`Petitioner
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC
`Patent Owner
`_______________
`
`Case: IPR2015-00755
`
`U.S. Patent No. 7,434,974
`_______________
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,434,974
`
`
`
`
`
`
`
`
`Page 1 of 62
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`TOYOTA EXHIBIT 1010
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`

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`TABLE OF CONTENTS
`
`Page
`TABLE OF AUTHORITIES ............................................................................................. iii
`PETITIONER'S EXHIBIT LIST ...................................................................................... iv
`INTRODUCTION .................................................................................................... 1
`I.
`
`II. MANDATORY NOTICES ...................................................................................... 1
`
`III. PAYMENT OF FEES ............................................................................................... 3
`
`IV.
`
`V.
`
`STANDING................................................................................................................ 4
`
`REQUEST FOR INTER PARTES REVIEW OF
`CLAIMS 1, 3-5, 7-11, 13, AND 17 OF THE '974 Patent ..................................... 4
`
`A.
`
`B.
`
`Technology Background ............................................................................... 4
`
`The Alleged Invention Of The '974 Patent ................................................ 6
`
`VI. CLAIM CONSTRUCTION ..................................................................................... 6
`
`A.
`
`B.
`
`C.
`
`D.
`
`Standards For Claim Construction .............................................................. 6
`
`"deformities" (Claims 1, 7, 13, 17) ............................................................... 7
`
`"air gap" (Claim 17) ....................................................................................... 8
`
`"a film . . . for changing the output ray angle
`distribution of the emitted light" (Claims 5, 11) ........................................ 9
`
`VII. SUMMARY OF PRIOR ART RELIED UPON IN THIS PETITION ......... 10
`
`A.
`
`B.
`
`JP H06-230378 ("Kisoo") (Ex.1005) ......................................................... 10
`
`JP H06-025802 ("Yoshikawa") (Ex.1008) ................................................. 11
`
`VIII. GROUNDS FOR UNPATENTABILITY OF EACH CLAIM ....................... 11
`
`A. Ground 1: Claims 1, 3, 7, 8, 13, And 17 Are Unpatentable
`Under 35 U.S.C. § 103(a) As Being Obvious Over Kisoo ...................... 11
`
`
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`Page 2 of 62
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`B.
`
`Ground 2: Claims 1, 3-5, 7-11, And 13 Are Unpatentable
`Under 35 U.S.C. § 103(a) As Being Obvious Over Yoshikawa ............. 34
`
`IX. CONCLUSION ........................................................................................................ 54
`
`
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`Page 3 of 62
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`TABLE OF AUTHORITIES
`
`
`CASES
`Arris Group, Inc. v. C-Cation Techs., LLC,
`IPR2014-00747, Decision (P.T.A.B. Nov. 24, 2014) ................................................... 7
`
`Page(s)
`
`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005) ......................................................................... 7, 8, 9, 10
`
`In re Rambus Inc.,
`753 F.3d 1253 (Fed. Cir. 2014) ....................................................................................... 7
`
`Toro Co. v. White Consol. Indus. Inc.,
`199 F.3d 1295, 53 U.S.P.Q.2d 1065 (Fed. Cir. 1999) ................................................... 8
`STATUTES, RULES & OTHER AUTHORITIES
`35 U.S.C. § 102...................................................................................................................... 11
`
`35 U.S.C. § 103............................................................................................................ 1, 12, 34
`
`35 U.S.C. § 112........................................................................................................................ 8
`
`35 U.S.C. § 301(a)(2) .............................................................................................................. 7
`
`37 C.F.R. § 42.100(b) ............................................................................................................. 6
`
`MPEP 2111.01 IV .................................................................................................................. 8
`
`
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`Page 4 of 62
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`

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`PETITIONER'S EXHIBIT LIST
`
`Descri . tion
`{'11
`
`US. Patent No. 7,434,974
`
`Prosecution Histo ‘ of US. Patent No. 7,434,974
`
`Complaints filed in Related District Court Cases
`Declaration of Richard A. Flasck "Flasck Decl."
`
`English Translation ofJP H06—230378 ("Kisoo")
`a uanese Version of P H06—230378
`
`Translation Certificate of P H06—230378
`
`Enlish Translation of P H06-025802 'Yoshikawa"
`
`a anese Version of P H06—025802
`
`Translation Certificate of P H06—025802
`
`
`
`Claim Construction Memorandum and Order, IDT 12. AcerIIm ef a/., Case
`
`No. 2:13—cv—00522, A11. 26, 2014 lkt. 101
`
`Decision, Patent Trial and Appeal Board, January 13, 201 5,
`2014—01092 , Patent 7,434,974 aer 9
`Patent Owner's Opening Claim Construction Brief, IDT 1}. Acer Inc. 62‘ (1].,
`Case No. 2:13-cv—00522, une 16, 2014 Dkt. 69
`
`English Translation ofJP H06—242731 ("Nfino")
`a anese Version of P H06—242731
`
`Translation Certificate of P H06—242731
`
`US. Patent No. 5,461,547 "Ciuke"
`English Translation ofJP H06—003526 ("Nagatani")
`a anese Version of P H06—003526
`
`Translation Certificate ofJP H06—003526
`US. Patent No. 5,944,405 "Takeuchi"
`
`US. Pat. No. 5,808,784 "Ando"
`
`31% product brochure, 75—0500—0403—7, "Brightness Enhancement Film
`(BEF)" (1993)
`lish Translation of P HOS—69732
`
`a uanese Version of P HOS—69732
`
`Translation Certificate of P HOS—69732
`
`Page 5 of 62
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`

`

`I.
`
`INTRODUCTION
`Pursuant to 35 U.S.C. § 311, Petitioner hereby respectfully request inter partes
`
`review of claims 1, 3-5, 7-11, 13, and 17 of Ex.1001, U.S. Patent No. 7,434,974 ("the
`
`'974 Patent") which issued on October 14, 2008. The challenged claims are
`
`unpatentable under 35 U.S.C. § 103 over the prior art patents and publications
`
`identified and applied in this Petition.
`
`LG Display, Ltd. also challenged the '974 Patent in IPR2014-01092, and its
`
`petition was denied on January 13, 2015. (Ex.1012.) The present petition does not rely
`
`on any of the references asserted in IPR2014-01092, and instead presents new
`
`grounds of unpatentability based on two different and stronger prior art references,
`
`Kisoo (Ex.1005) and Yoshikawa (Ex.1008). Notably, both Kisoo and Yoshikawa
`
`expressly disclose LED light sources, a claim element the Board found to be missing
`
`from both the primary Funamoto reference relied upon in all three asserted grounds
`
`of IPR2014-01092, as well as the secondary Nakayama reference. In addition, Kisoo
`
`and Yoshikawa also both disclose light extracting deformities that are projections or
`
`depressions, which the Board found to be missing from the Nakayama reference.
`
`II. MANDATORY NOTICES
`A. Real Parties-In-Interest: Sony Corporation, Sony Corporation of America,
`
`Sony Electronics Inc., Sony Mobile Communications (USA) Inc., Sony Mobile
`
`Communications Inc., and Sony Mobile Communications AB.
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`Page 6 of 62
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`B. Related Matters: Litigation: Pursuant to 37 C.F.R §42.8(b)(2), Petitioner
`
`submits that the '974 Patent is the subject of a patent infringement lawsuit brought by
`
`the Patent Owner, Innovative Display Technologies LLC (.ree Ex.1003), against
`
`Petitioner in the United States District Court for the District of Delaware: Delaware
`
`Di.fpla} Group LLC and InnoI/afive Diwla} Tee/15'. LLC 12. 50/0! Corp, 50/0! Corp. ofAmerica,
`
`5'on Eleexlna, and Sony Mobile Coznnzn'enxfllSA) Inc, Case No. 1:13—cv—02111. The
`
`'974 Patent is also asserted in at least these actions:
`
`Number
`
`Innovative Diiplay Technologies LLC ("IDT") 11. Acer Ine. 2:13—cv—00522, EDTX
`ef al.
`
`
`
`IDT a. Dell Ine. 2:13—cv—00523, EDTX
`
`2:14—cv—00200, EDTX
`
`IDT I). Niuan Mofor, Co., Lid. et al.
`
`2:14-cv—00202, EDTX
`
`
`
`IDT n. Sprinf Corporafion ef. al. 2:14—cv—00721, EDTX
`
`IDT I}. Toyofa Mofor Comorafion ef. al.
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`Page 7 of 62
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`Existing Related IPRs: IPR2014—01092; IPR2015—00368; and IPR2015—00497.
`
`Concurrently Filed Related IPRs: Petitioner is concurrently filing petitions to
`
`review U.S. Patent Nos. 7,300,194; 7,384,177; 7,404,660; 7,537,370; 7,914,196; and
`
`8,215,816. For efficiency, the Board may consider assigning these proceedings to a
`
`common panel of Administrative Patent Judges.
`
`C. Lead and Back-up Counsel and Service Information.
`
`LEAD COUNSEL
`
`BACK-UP COUNSEL
`
`Gregory S. Gewirtz
`Registration No. 36,522
`LERNER, DAVID, LITTENBERG,
`
`Jonathan A. David (Reg. No. 36,494)
`Robert B. Hander (Reg. No. 65,849)
`LERNER, DAVID, LITTENBERG,
`
`KRUNIHOLZ & NIENTLIK, LLP
`600 South Avenue West
`
`KRUNIHOLZ & NIENTLIK, LLP
`600 South Avenue West
`
`
`
`Westfield, NJ 07090
`Tel:
`908—518—6343
`Fax:
`908—654—7866
`
`E—mail: GGeWirtz.ipr@ldlkm.com
`
`Westfield, NJ 07090
`Tel:
`908—518—6331 / 6342
`Fax:
`908—654—7866
`
`E—mail: JDavidiprQQIdlkmcom
`RHander.ipr@ld]km.com
`
`Scott A. McKeown (Reg. No. 42,866)
`OBLON, IVIcCLELLAND,
`IVIAIER & NEUSTADT LLP
`
`1940 Duke St.
`
`Alexandria, VA 22314
`Tel:
`703—412—6297
`
`Fax:
`
`703—413—2220
`
`E—mail: CPDockethIcKeown@oblon.com
`
`III.
`
`PAYMENT OF FEES
`
`Pursuant to 37 CPR. § 42.103(a), the Office is authorized to charge the fee set
`
`forth in 37 C.F.R. §42.15(a)
`
`to Deposit Account No.12—1095 as well as any
`
`additional fees that might be due in connection with this Petition.
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`Page 8 of 62
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`IV. STANDING
`Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the patent sought for
`
`review, the '974 Patent, is available for inter partes review and that Petitioner is not
`
`barred or estopped from requesting an inter partes review of the patent.
`
`V. REQUEST FOR INTER PARTES REVIEW OF
`CLAIMS 1, 3-5, 7-11, 13, AND 17 OF THE '974 PATENT
`Pursuant to 37 C.F.R. § 42.104(b), Petitioner requests that the Board find
`
`unpatentable claims 1, 3-5, 7-11, 13, and 17 of the '974 Patent. Such relief is justified
`
`as the alleged invention of the '974 Patent was described by others prior to the
`
`effective filing date of the '974 Patent.
`
`A. Technology Background
`Flat panel displays for TVs, computers, etc. were pioneered in the 1980s, with
`
`active matrix liquid crystal display (LCD) technology dominating the market by the
`
`early 1990s. (Flasck Decl. ¶ 39.) LCDs comprise an array of pixels that act as a large
`
`matrix of shutters that modulate light passing through the display panel. (Id. ¶ 40.)
`
`LCDs typically need a light generating structure, commonly called a backlight unit
`
`(BLU), positioned beneath the liquid crystal panel. (Id. ¶¶ 41-42.) Partially collimated
`
`light from the BLU enters the LCD panel from the bottom and exits the top to be
`
`viewed by the user. Each pixel in the LCD matrix individually modulates the light
`
`from the BLU to present text, graphic, or video images to the user. (Id. ¶ 63.)
`
`Since the mid-1990s, the typical BLU found in commercially available products
`
`included a light source, a reflector to concentrate the light, a light guide with
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`Page 9 of 62
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`deformities on the lower surface, a set of light re-directing films, sheets or plates
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`between the light guide and the LCD panel, and a tray, case or frame. (Id. ¶¶ 43-44.)
`
`The most common light sources used were Cold Cathode Fluorescent Lamps
`
`(CCFLs) and light emitting diodes (LEDs), with the design choice between the two
`
`being based on desired thinness profile, brightness, and power consumption. (Id.
`
`¶¶ 45-48.)
`
`The typical light guide was generally constructed from a transparent plastic
`
`plate that would transport the light from the input edge adjacent to the lamp, to the
`
`output surface, typically the top surface of the light guide plate. (Id. ¶ 49.) The light
`
`injected into the input edge would be captured in, and uniformly distributed
`
`throughout, the light guide by the principle of Total Internal Reflection (TIR). (Id.)
`
`However, when the light encountered the deformities on the bottom surface of
`
`the light guide, the light would become scattered and redirected at such angles that the
`
`TIR condition would be defeated and the scattered light would exit through the top
`
`exit surface of the light guide. (Id. ¶¶ 50-53.)
`
`It was also common to include a set of light re-directing films for changing the
`
`angle of the emitted light so that it would be more nearly perpendicular to the light
`
`emitting surface, and thus provide a brighter image and enable lower power
`
`consumption. (Id. ¶¶ 54-60.) In addition, the components of the LCD module were
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`Page 10 of 62
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`often physically held in place by a metal tray, which could include a reflective bottom
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`and sides and an open top. (Id. ¶¶ 61-62.)
`
`B. The Alleged Invention Of The '974 Patent
`The '974 Patent relates generally to "light emitting panel assemblies each
`
`including a transparent panel member for efficiently conducting light, and controlling
`
`the light conducted by the panel member to be emitted from one or more light output
`
`areas along the length thereof." (Ex.1001, 1:18-22.) The purported advantage of the
`
`alleged invention described in the '974 Patent relates to several different light emitting
`
`panel assembly configurations which allegedly provide for better control of light
`
`output from the panel assembly and for more "efficient" utilization of light, thereby
`
`resulting in greater light output from the panel assembly. (Id. 1:24-28.) The '974 Patent
`
`discloses light emitting assemblies having a light emitting panel member with a pattern
`
`of light extracting deformities on or in at least one surface that is received in a cavity
`
`or recess of a reflective tray or housing, and an LED light source. (Ex.1001 Abstract.)
`
`VI. CLAIM CONSTRUCTION
`A.
`Standards For Claim Construction
`The '974 Patent expires on June 27, 2015. An unexpired claim subject to inter
`
`partes review is given its "broadest reasonable construction ['BRI'] in light of the
`
`specification of the patent in which it appears." 37 C.F.R. § 42.100(b). If a
`
`reexamination (or here inter partes review) involves claims of an expired patent, a
`
`patentee is unable to make claim amendments, and the Board applies the claim
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`Page 11 of 62
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`construction principles outlined in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir.
`
`2005), that the words of a claim "are generally given their ordinary and customary
`
`meaning" as understood by a person of ordinary skill in the art in question at the time
`
`of the invention. See In re Rambus Inc., 753 F.3d 1253, 1256 (Fed. Cir. 2014); see, e.g.,
`
`Arris Group, Inc. v. C-Cation Techs., LLC, IPR2014-00747, Decision (P.T.A.B. Nov. 24,
`
`2014), Paper 22, at 10. Here, as shown below, constructions under either the BRI or
`
`Phillips standard would lead to the same result.
`
`Moreover, as shown below, those constructions further comport with positions
`
`that Patent Owner has taken in its prior claim construction briefing and infringement
`
`contentions in related Federal Court litigations. In that regard, Petitioner notes that 35
`
`U.S.C. § 301(a)(2) permits citation of Patent Owners' statements regarding claim
`
`scope, to prevent patentees from arguing broad constructions in Federal Court
`
`litigation while using narrow constructions in proceedings before the Office.
`
`Petitioner also notes that while
`
`it advances the following proposed
`
`constructions for the purposes of this petition, it reserves the right (not available to it
`
`in the present proceeding) to assert in any copending or future litigation that one or
`
`more of the following claim terms is indefinite or lacks written description support
`
`under 35 U.S.C. § 112.
`
`B.
`"deformities" (Claims 1, 7, 13, 17)
`The '974 Patent expressly defines the term "deformities" as follows: "As used
`
`herein, the term deformities or disruptions are used interchangeably to mean any
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`Page 12 of 62
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`change in the shape or geometry of the panel surface and/or coating or surface
`
`treatment that causes a portion of the light to be emitted." (Ex.1001, 4:36-40.) Where
`
`an explicit definition is provided by the applicant for a term, that definition will
`
`control interpretation of the term as it is used in the claim. Toro Co. v. White Consol.
`
`Indus. Inc., 199 F.3d 1295, 1301, 53 U.S.P.Q.2d 1065, 1069 (Fed. Cir. 1999); MPEP
`
`2111.01 IV. In addition, in the 2:13-cv-00522 case, the Patent Owner agreed with, and
`
`the court adopted, this same construction. (Ex.1011, at 58.) Accordingly, Petitioner
`
`submits that the term "deformities" should at least include "any change in the shape
`
`or geometry of a surface and/or coating or surface treatment that causes a portion of
`
`the light to be emitted," regardless of whether the Phillips standard or the broader BRI
`
`standard is applied.
`
`C.
`"air gap" (Claim 17)
`The specification of the '974 Patent only discloses one embodiment in which
`
`an "air gap" exists. Fig. 5 shows two air gaps 30, one between the bottom surface of
`
`the panel and the back reflector 26, and the other between the top surface of the
`
`panel and film 27. (Ex.1001, 6:37-45, Fig.5.) However, while Fig. 5 shows a
`
`continuous layer of air between those surfaces with no points of contact other than
`
`those at the very edges of the panel, Patent Owner argued against limiting "air gap" to
`
`such an embodiment in its opening claim construction brief in the 2:13-cv-00522 case
`
`(though claim 17 of the '974 Patent was not asserted in that action, the parties
`
`proposed constructions of similar terms "an air gap therebetween" and "an air gap
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`Page 13 of 62
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`between the film, sheet, plate or substrate and the panel member" found in related
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`U.S. Patent Nos. 6,755,547 and 7,300,194,
`
`respectively). (Ex.1013, at 14-16.) Indeed, the
`
`Patent Owner asserted that "one of ordinary
`
`skill in the art would have understood that an
`
`air gap between a film and a panel member
`
`need not be a continuous layer of air between the two," and instead "would have
`
`understood that an intermittent air gap between two things remains an air gap." (Id.
`
`at 16.) The Patent Owner also asserted that "one of ordinary skill in the art would
`
`have understood that an air gap would exist between a film and a panel member even
`
`if they touch in some parts," and relied on the illustrative figure shown above to make
`
`this argument. (Id.) Accordingly, given the Patent Owner's position regarding the
`
`meaning of the words "air gap" in related patents, the term "air gap" in claim 17 of the
`
`'974 Patent should at least include situations in which the two bodies in question have
`
`points of contact, regardless of whether the Phillips standard or the broader BRI
`
`standard is applied.
`
`D.
`
`"a film . . . for changing the output ray angle
`distribution of the emitted light" (Claims 5, 11)
`Claims 5 and 11 both recite "a film . . . for changing the output ray angle
`
`distribution of the emitted light." The '974 Patent specification only discusses
`
`changing the output ray angle distribution in column 5, line 17, through column 6,
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`line 30. (Ex.1001.) That section lists a number of types of "deformities" that may be
`
`used on the panel member for changing the output ray angle distribution, but only
`
`discusses potential films that can do so beginning at column 6, line 20. The ensuing
`
`disclosure explains that "a transparent film, sheet or plate 27 may be attached or
`
`positioned against the side or sides of the panel member from which light is
`
`emitted . . . in order to produce a desired effect," and that "[t]he member 27 may be
`
`used to further improve the uniformity of the light output distribution." (Id.
`
`at 6:20-26.) The next sentence then lists several examples, stating that "the member 27
`
`may be a colored film, a diffuser, or a label or display, a portion of which may be a
`
`transparent overlay that may be colored and/or have text or an image thereon." (Id.
`
`at 6:26-29.) Accordingly, Petitioner submits that the phrase "a film . . . for changing
`
`the output ray angle distribution of the emitted light" should at least include "a
`
`colored film, a diffuser, or a label or display, a portion of which may be a transparent
`
`overlay that may be colored and/or have text or an image thereon," regardless of
`
`whether the Phillips standard or the broader BRI standard is applied.
`
`VII. SUMMARY OF PRIOR ART RELIED UPON IN THIS PETITION
`A.
`JP H06-230378 ("Kisoo") (Ex.1005)
`Kisoo qualifies as prior art at least under 35 U.S.C. § 102(a) because it was
`
`published on August 19, 1994, before the June 27, 1995 filing date of the earliest
`
`application to which the '974 Patent may potentially claim priority. Kisoo was not
`
`cited or considered during prosecution of the application that led to the '974 Patent.
`
`Page 15 of 62
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`B.
`
`|P H06-025802 ("Yoshikawa") (EXJOOS)
`
`Yoshikawa qualifies as prior art at least under 35 U.S.C. § 102(b) because it was
`
`published on April 8, 1994, more than one year before the June 27, 1995 filing date of
`
`the earliest application to which the '974 Patent may potentially claim priority.
`
`Yoshikawa was not cited or considered during prosecution of the application that led
`
`to the '974 Patent.
`
`VIII. GROUNDS FOR UNPATENTABILITY OF EACH CLAIM
`
`
`
`A.
`
`Ground 1: Claims 1, 3, 7, 8, 13, And 17 Are Unpatentable
`Under 35 U.S.C. § 1031a) As Being Obvious Over Kisoo
`
`The objective of Kisoo is to provide a thin LCD backlight apparatus with
`
`uniform light output. (Ex.1005, at 1.) In describing means for achieving that objective,
`
`Kisoo discloses or suggests each and every limitation of claims 1, 3, 7, 8, 13, and 17.
`
`Moreover, as already noted, Kisoo discloses a backlight apparatus that employs an
`
`LED light source, and thus addresses the main shortcoming of the primary Funamoto
`
`reference relied upon in IPR2014—01092.
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`Page 16 of 62
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`Common Elements Of Independent Claims 1, 7, 13, 17: Independent
`
`claims 1, 7, 13, and 17 all share the same first five claim elements, labeled "a" through
`
`"e" in the charts below. Kisoo expressly discloses each of those elements in a single
`
`embodiment, describing a backlight apparatus 1 that has: (a) a light emitting panel
`
`member, i.e., "a light conductor (light guiding plate) 11," with an "edge portion"
`
`through which light enters, and a "light emission surface 11a" through which it is
`
`emitted (Ex.1005 ¶¶ 10, 12, see also Figs.2, 4, 5, 6, above); (b) at least one LED light
`
`source, i.e., "a molded resin LED lamp (light source) 10 in which plural LEDs are
`
`aligned and connected in series as light emitting elements," which is "inserted at one
`
`edge portion of the light conductor 11" (id. ¶¶ 10, 12, see also Figs.2, 4, 5 above);
`
`(c) a tray or housing, i.e., "a reflector (reflection plate) 12, which surrounds the
`
`surfaces (sides and back) of the light conductor 11 excluding the light emission
`
`surface thereof," and into which "[t]he light conductor 11 is fitted" (id. ¶¶ 10, 14, see
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`Page 17 of 62
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`

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`also Figs.2, 4, 5, 6 above); (d) a pattern of light extracting deformities, i.e., a "serrated"
`
`surface on the back side of the light conductor 11 with "recessed optical paths 11b
`
`ha[ving] a triangular shape in cross section" (id. ¶ 13, see also Fig.6 above); and
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`(e) reflective end walls and side walls on the tray, i.e., within reflector 12, a "housing
`
`space 12a" with "inner surfaces . . . [that] are formed as reflection surfaces for
`
`reflecting light going out through the sides and back of the light conductor 11" (id.
`
`¶ 14, see also Fig.4 above). (Flasck Decl. ¶¶ 87-93.)
`
`The Tray Provides Structural Support To The Panel Member ("1.f" and
`
`"7.g"): Independent claims 1 and 7 also share an additional identical element, labeled
`
`"1.f" and "7.g" in the charts below, which requires that "the tray or housing provides
`
`structural support to the panel member." This feature is suggested by Kisoo's figures
`
`and would have been further obvious in view of Kisoo's own teachings. (Flasck Decl.
`
`¶¶ 94-97.) In that regard, Kisoo describes the light conductor 11 being "fitted into the
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`housing space 12a" of reflector 12. (Ex.1005
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`¶ 14.) In addition, each of Figs. 1-6 (shown
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`above) depict reflector 12 as a robust structure
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`with walls at least as thick as circuit board 2, the
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`legs that support liquid crystal device 3, and
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`cover 4. (Id. Figs.1-6.) For example, in the
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`highlighted version of Fig. 2 at right, the walls of reflector 12 are shown in red, the
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`circuit board 2 is shown in yellow, the legs of the liquid crystal device 3 are shown in
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`green, and cover 4 is shown in blue. Thus, although Kisoo does not expressly state
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`that the reflector 12 provides structural support to the light conductor 11, it would
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`have been obvious to one of ordinary skill in the art to fashion reflector 12 from a
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`material of suitable thickness and strength such that it would provide structural support
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`to light conductor 11. (Flasck Decl. ¶¶ 94-97.) Indeed, one of ordinary skill in the art
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`would have been motivated to do so based on Kisoo's teaching that the backlight
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`apparatus 1 is to be "mounted" to circuit board 2, thus indicating that reflector 12,
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`which envelopes the rest of backlight apparatus 1, must be robust enough to restrict
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`lateral movement of the light conductor 11. (Ex.1005 ¶ 9; Flasck Decl. ¶ 97.) In
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`addition, one of ordinary skill in the art would also have been motivated to select a
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`suitably strong and thick material for reflector 12 in order to ensure rigidity despite
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`the notch-shaped cutout (shown in yellow in the
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`highlighted version of Fig.4, at right) formed in the
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`wall of reflector 12 in order to accommodate LED
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`lamp 10. (Ex.1005 ¶ 14, Fig.4; Flasck Decl. ¶ 97.) In
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`short, it would have been obvious to fashion the tray
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`(reflector 12) in the manner depicted in Kisoo's
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`Figs. 1-6 so that it would provide structural support to the panel member (light
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`conductor 11). (Id. ¶¶ 94-97)
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`Page 19 of 62
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`The Tray Or Housing Has Posts, Tabs, Or "Other Structural Features"
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`That Provide A Mount For Mounting Of The Assembly Into A Larger
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`Assembly Or Device ("1.g"): Beyond the foregoing,
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`the only remaining element of independent claim 1 is
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`that the "tray or housing . . . has posts, tabs, or other
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`structural features that provide a mount for mounting
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`of the assembly into a larger assembly or device." This
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`element also would have been obvious in view of
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`Kisoo's own
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`teachings.
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`(Flasck Decl.
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`¶ 98.)
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`Figs. 1 and 2 of Kisoo, highlighted versions of which
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`are shown at right, depict an assembly comprised of a
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`backlight apparatus 1 (red/pink/purple), over which a
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`liquid crystal device 3 (green) is "bridged," which is then further covered by cover 4
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`(blue). (Ex.1005 ¶ 9.) Kisoo also discloses that each of those elements must be
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`"mounted" to circuit board 2 (yellow). (Id.) Thus, as reflector 12 (tray or housing, in
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`red) completely envelops the rest of backlight apparatus 1 (light conductor 11 (pink)
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`and LED lamp 10 (purple)), and as reflector 12 is the part of backlight apparatus 1
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`that is actually in contact with circuit board 2, reflector 12 would have to be the part
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`of backlight apparatus 1 actually "mounted" to circuit board 2 in the assembly
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`depicted in Figs. 1 and 2 above. (Flasck Decl. ¶ 98; see also Ex.1005 Figs.1, 2.)
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`Accordingly, it would have been obvious to one of ordinary skill in the art that
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`reflector 12 would need to have some kind of posts, tabs, or "other structural
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`features" for mounting backlight apparatus 1 to circuit board 2, as Kisoo requires.
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`(Flasck Decl. ¶ 98.)
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`The Tray Or Housing Has Posts, Tabs, Or "Other Structural Features"
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`That Provide A Mount Or Structural Support For At Least One Other Part Or
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`Component ("7.f"): Beyond the foregoing,
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`the only remaining element of independent
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`claim 7 ("7.f") requires that "the tray or
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`housing has posts, tabs or other structural
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`features that provide a mount or structural
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`support for at least one other part or
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`component." This feature is also suggested by Kisoo's figures and would have been
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`obvious in view of Kisoo's own teachings. (Flasck Decl. ¶¶ 100, 101.) In that regard,
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`Kisoo teaches that LCD 30 (shown in dark green in the above highlighted version of
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`Fig.2) is sandwiched between two polarization plates 31 and 32 (shown in lighter
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`green). (Ex.1005 ¶ 11.) In addition, Kisoo's Fig. 2 depicts the lower polarization
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`plate 31 (light green) resting on top of reflector 12 (the tray or housing, in red) and
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`light conductor 11 (pink). (Id. Fig.2.) Kisoo does not disclose whether or not the
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`polarization plates 31 and 32 would be attached in any way to LCD 30, but in either
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`case, in the assembly depicted in Fig. 2, the walls of reflector 12 would at least provide
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`additional structural support to polarization plate 31 (and, in turn, LCD 30 and upper
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`polarization plate 32). (Flasck Decl. ¶ 100.) Accordingly, Kisoo discloses a tray
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`(reflector 12) with structural features (walls) that are depicted as providing at least
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`some support to another part or component (polarization plate 31). (Flasck Decl.
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`¶ 100.) Thus, it would have been obvious to one of ordinary skill in the art that the
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`walls of reflector 12 should be fashioned to provide the structural support that they
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`are depicted as providing to polarization plate 31. (Id.)
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`In
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`addition, Kisoo
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`also discloses
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`that
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`reflector 12 has a notch-shaped cutout in one wall to
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`accommodate LED lamp 10, as shown in yellow in the
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`highlighted version of Fig. 4 at right. Kisoo's Fig. 3(a)
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`(above) also depicts a
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`top view of backlight
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`apparatus 1, in which it is clear that there is to be a
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`tight fit between LED lamp 10 and that notch-shaped
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`cutout, with virtually no clearance (the gap being
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`faintly visible as white space between the walls of
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`reflector 12 (red) and the protruding portion of LED
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`lamp 10 (purple)). (Id. ¶ 14, Figs.3, 4.) Thus, Kisoo also depicts a second structural
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`feature (a notch-shaped cutout) of the tray (reflector 12) that would provide some
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`amount of structural support to another part or component (LED lamp 10). (Flasck
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`Decl. ¶ 101.) Furthermore, it would have been obvious to one of ordinary skill in the
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`art that reflector 12 should be fashioned so as to include a notch-shaped cutout capable
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`of providing the structural support suggested by Figs. 3 and 4, as doing so would
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`serve to further secure the contents of backlight apparatus 1. (Id.)
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`An Additional Component Overlaying The Panel Member ("13.f" and
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`"17.f"): In addition to the five elements shared by all
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`independent claims of the '974 Patent, claims 13
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`and 17 both share an element ("13.f" and "17.f") that
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`requires "an additional component overlaying the
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`panel member." This element is expressly met by
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`polarization plate 31 (and, more generally, liquid crystal device 3), which is shown in
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`green in the highlighted version of Fig. 2 at right, and which rests on top of
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`reflector 12 (red) and light conductor 11 (pink). (Ex.1005 ¶ 11, Fig.2; Flasck Decl.
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`¶ 103.)
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`At Least One Of A Tab, Hole, Cavity, Or Protrusion That Positions The
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`Tray Or Housing Relative To The Panel Member ("13.g"): The final element of
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`claim 13 ("13.g") requires that the panel member have "at least one of a tab, hole,
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`cavity, or protrusion that positions the tray or housing relative to the panel member."
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`As to this element, Kisoo discloses that molded resin LED lamp 10 is inserted in a
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`cavity formed in one edge of light conductor 11, and as can be seen from the
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`highlighted version of Fig. 5 below, the upper and lower protrusions of that cavity
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`(pink) extend far enough to be flush with the rear surface of LED lamp 10 (purple).
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`(Ex.1005 ¶¶ 10, 12.) In addition, as already
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`discussed and
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`illustrated
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`in the highlighted
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`version of Fig. 4 above, Kisoo also discloses that
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`reflector 12 has a notch-shaped cutout in one
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`wall to accommodate LED lamp 10. (Id. ¶ 14, Fig.4.) Kisoo's figures thus depict that
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`the cavity and protrusions of light conductor 11 will position reflector 12 relative to
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`light conductor 11 in two ways. (Flasck Decl. ¶¶ 104-106.) First, the upper and lower
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`protrusions of the cavity in light conductor 11
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`extend close enough to the inner surface of
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`reflector 12 such that virtually no relative
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`movement is possible, as can be seen from both
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`Figs. 3 and 5. (Id. ¶ 104.) And second, by virtue
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`of the LED lamp 10 being both in contact wit