UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JOHNSON MATTHEY INC., and JOHNSON MATTHEY PLC,
`Petitioners
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`v.
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`BASF CORPORATION,
`Patent Owner
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`Case IPR2015-01266
`Patent 9,039,982
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`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JOHNSON MATTHEY INC., and JOHNSON MATTHEY PLC,
`Petitioners
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`v.
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`BASF CORPORATION,
`Patent Owner
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`Case IPR2015-01266
`Patent 9,039,982
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`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
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`
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners, Johnson Matthey Inc., and
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`Johnson Matthey PLC, hereby submit their objections to certain evidence that
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`Patent Owner, BASF Corporation, submitted in connection with IPR2015-01266.
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`Exhibit 2008
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`Exhibit 2010
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`Exhibit 2011
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`Exhibit 2015
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`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
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`
`2
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`
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`Exhibit 2016
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`Exhibit 2017
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`Exhibit 2018
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
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`3
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`
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`Exhibit 2020
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`Exhibit 2022
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`Lack of Foundation: Patent Owner has not provided
`sufficient explanation of what the exhibit is or what it
`allegedly shows.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
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`4
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`Exhibit 2023
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`Exhibit 2024
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`Lack of Foundation: Patent Owner has not provided
`sufficient explanation of what the exhibit is or what it
`allegedly shows.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`Lack of Foundation: Patent Owner has not provided
`sufficient explanation of what the exhibit is or what it
`allegedly shows.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
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`5
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`Exhibit 2028
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`Exhibit 2029
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`Exhibit 2030
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`Exhibit 2031
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
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`6
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`Exhibit 2032
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`Exhibit 2033
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`Exhibit 2034
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`Exhibit 2035
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
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`7
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`Exhibit 2036
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`Exhibit 2038
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`Lack of Foundation: Patent Owner has not provided
`sufficient explanation of what the exhibit is or what it
`allegedly shows.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
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`8
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`Exhibit 2039
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`Exhibit 2040
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`Exhibit 2041
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
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`9
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`Exhibit 2042
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`Exhibit 2043
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
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`10
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`
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`Exhibit 2044
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
`FRE 402: the exhibit is not relevant to any ground upon
`which trial was instituted.
`FRE 403: the exhibit’s probative value to any ground upon
`which trial was instituted is substantially outweighed by the
`danger of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting cumulative
`evidence.
`FRE 801/802: the exhibit is inadmissible hearsay if offered
`to prove the truth of any matter allegedly asserted therein.
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the exhibit is what Patent Owner
`claims it is.
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`Respectfully submitted,
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`
`/Gwilym J. O. Attwell, Reg. No. 45,449/
`Reg. No. 45,449
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`
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`11
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`Date: March 11, 2016
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`
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`Case IPR2015-01266
`Attorney Docket No: 38411-0005IP1
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on March 11,
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`2016, a complete and entire copy of this Petitioner’s Notice of Objections to
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`Evidence was provided via email to the Patent Owner by serving the
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`correspondence email addresses of record as follows:
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`Brian E. Ferguson
`Anish R. Desai
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW
`Suite 900
`Washington, DC 20005
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`Email: brian.ferguson@weil.com
`Email: anish.desai@weil.com
`Email: BASF.IPR.2015.1266@weil.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
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`12
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