UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box I450
`Alexandria. Virginia 22313-I450
`v.vnav.uspto.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION N04
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`95/000,478
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`05/2 II2009
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`7378992
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`2855.002REX5
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`7980
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`261 H
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`7590
`03/31/2012
`mm, mm, GoLDsTEIN&1=0x me.
`I 100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
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`LEUNG, CHRISTTNA Y
`ART UNIT
`PAPER NUMBER
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`3992
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`MAIL DATE
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`08/31/2012
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`00°‘
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`Realtime 2002 .
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`Oracle V. Realtime
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`IPR2016-00373
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`Realtime 2002
`Oracle v. Realtime
`IPR2016-00373
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`-
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`Commissioner for Patents
`United States Patent and Trademark Oflice
`P.0. Box145o
`Alexandria, VA 223131450
`wawuspro.gc~
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`DO NOT USE IN PALM PRINTER
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`(THIRD PARTY REQUESTER‘S CORRESPONDENCE ADDRESS)
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`MCDERMOTT WILL & EMERY LLP
`600 13"‘ STREET NW
`WASHINGTON, DC 200053095
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`Transmittal of Communication to Third Party Requester
`Inter Partes Reexamination
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`REEXAMINATION CONTROL NUMBER 95/000 478. ‘
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`PATENT NUMBER 7 378 992.
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`TECHNOLOGY CENTER 3900.
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`ART UNIT 3992.
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`Enclosed is a copy of the latest communication from the United States Patent and
`Trademark Offioe in the above-identified reexamination proceeding. 37 CFR 1.903.
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`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this
`communication, the third party requester of the inter partes reexamination may once file
`written comments within a period of 30 days from the date of service of the patent owner’s
`response. This 30-day time period is statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot
`be extended. See also 37 CFR 1.947.
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`If an ex parte reexamination has been merged with the inter partes reexamination, no
`responsive submission by any ex parte third party requester is permitted.
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`All correspondence relating to this inter partes reexamination proceeding should be
`directed to the Central Reexamination Unit at the mail, FAX, or hand-carry addresses
`given at the end of the communication enclosed with this transmittal.
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`PTOL-2070 (Rev.07-04)
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`NOTICE OF INTENT TO ISSUE INTER PARTES
`REEXA MINA TION CERTIFICA TE
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`95/000,478
`Examiner
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`Christina Y. Leung
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`7378992
`Art Unit
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`3992
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`1.
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`IX Prosecution on the merits is (or remains) closed in this inter partes reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition. Cf. 37 CFR 1.313(a). A Certificate will be issued
`in view of:
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`.
`by
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`|:] The communication filed on
`a.
`b. CI Patent owner's failure to file an appropriate timely response to the Office action
`dated
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`0. D The failure to timely file an Appeal with fee by all parties to the reexamination proceeding entitled to do
`so. 37 CFR 1.959 and 41.61.
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`d. E] The failure to timely file an Appellant's Brief with fee by all parties to the reexamination
`entitled to do so. 37 CFR 41.66(a).
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`proceeding
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`e. % The decision on appeal by the IE Board of Patent Appeals and Interferences El Court dated
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`Other:
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`f.
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`2. X The Reexamination Certificate will indicate the following:
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`[:1 Yes
`a. Change in the Specification:
`b. Change in the Drawings: I] Yes E No
`c. Status of the Claims:
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`No
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`(1) Patent claim(s) confirmed:2,4 and 8.
`(2) Patent claim(s) amended (including dependent on amended claim(s)):
`(3) Patent claim(s) cancelled: 1,3,7,9-15,18-21,26-29,32,33 and 36.
`(4) Newly presented claim(s) patentable:
`(5) Newly presented cancelled claims:
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`(6) Patent claim(s) [:1 previously [I currently disclaimed:
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`(7) Patent claim(s) not subject to reexamination: 5,6,16,17,22-25.30.31,34_35 and 37-45.
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`3.|:] Note the attached statement of reasons for patentability and/or confirmation. Any comments considered
`necessary by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly to
`avoid processing delays. Such submission(s) shouId,be labeled: "Comments On Statement of Reasons for
`Patentability and/or Confirmation."
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`."9’.°‘."‘
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`D Note attached NOTICE OF REFERENCE CITED, (PTO-892).
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`I___I Note attached LIST OF REFERENCES CITED (PTO/SB/08 or PTO/SB/08 substitute).
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`l___I The drawings filed on
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`is:
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`E] approved
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`[3 disapproved.
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`[___I Acknowledgment is made of the claim for priority under 35 U.S.C. § 119(a) - (d) or (f).
`a)D All
`b)l:I Some*
`c)[:] None
`of the certified copies have
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`Ij been received.
`D not been received.
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`[I been filed in Application No.
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`El been filed in reexamination Control No.
`[3 been received by the International Bureau in PCT Application No.
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`* Certified copies not received:
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`8. E Note Examiner's Amendment.
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`9.
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`[3 Other:
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`All correspondence relating to this interpartes reexamination proceeding should be directed to the Central
`Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
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`Part of Paper No. 20120828
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`U.S. Patent and Trademark Office
`PTOL-2068 (07-10)
`NOTICE OF INTENT TO ISSUE INTER PARTES REEXAMINATION CERTIFICATE
`
`.
`/Christina Y. Leungl
`Primary Examiner, Art Unit 3992
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`‘
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`0003
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`0003
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`

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`Application/Control Number: 95/000,478
`Art Unit: 3992
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`A
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`Page 2
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`EXAMINER’S AMENDMENT
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`Claims 1-4, 7-15, 18-21, 26-29, 32, 33, and 36 of Fallon (US 7,378,922 B2) are being
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`reexamined. Claims 5, 6, 16, 17, 22-25, 30, 31, 34, 35, and 37-45 are not subject to
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`I
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`reexamination in this proceeding.
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`Patent Owner noted in the petition filed 09 May 2012 that the Notice of Intent to Issue a
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`Reexamination Certificate and Examiner’s Amendment mailed 06 April 2012 erroneously
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`included instructions to cancel claim 2. The present NIRC corrects this error and replaces the
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`earlier Examiner’s Amendment.
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`An examiner’s amendment to the record appears below. The changes made by this
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`examiner’s amendment will be reflected in the reexamination certificate to issue in due course.
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`In the claims
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`Please cancel claims 1, 3, 7, 9-15, 18-21, 26-29, 32, 33, and 36.
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`Do not cancel claim 2.
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`Claims 1, 3, 7, 9-15, 18-21, 26-29, 32, 33, and 36 are canceled because in the decision
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`mailed 18 January 2012, the Board of Appeals and glnterferences affinned the Examiner’s
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`rejection of those claims, and Patent Owner did not timely file a further appeal or request for
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`rehearing.
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`STATEMENT OF REASONS FOR PATENTABILITY AND/OR CONFIRMATION
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`0004
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`0004
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`

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`Application/Control Number: 95/000,478
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`‘Page 3
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`Art Unit: 3992
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`The following is an examiner’s statement of reasons for patentability and/or confirmation
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`of the claims found patentable in this reexamination proceeding:
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`Claims 2, 4, and 8 are confirmed. As noted in the Right of Appeal Notice mailed 06
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`January 201 1, the prior art of record does not disclose or fairly teach all of the steps and
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`limitations recited in claims 4 and 8, including all of the limitations of parent claim I,
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`particularly wherein the compressing, if a data type is not identified, occurs in real-time; or in
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`combination with determining whether or not a data type is identified for the data block and
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`compressing the data block, the at least one encoder associated to the non-identifiable data type
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`is lossless.
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`The prior art of record also does not disclose or fairly teach all of the steps and '
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`limitations recited in claim 2, including all of the limitations of parent claim 1, partic1_1larly~
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`including buffering the data block after the receiving of the data block and before the
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`compressing of the data block in combination with determining whether or not a data type is
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`identified of the block and compressing the data block.
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`Any comments considered necessary by the PATENT OWNER regarding the above
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`statement must be submitted promptly to avoid processing delays. Such submission by the patent
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`owner should be labeled: “Comments on Statement of Reasons for Patentability and/or
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`Confirmation” and will be placed in the reexamination file.
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`Conclusion
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`All correspondence relating to this inter partes reexamination ‘proceeding should be
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`directed:
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`I
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`By mail to:
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`Mail Stop Inter Partes Reexam
`Attn: Central Reexamination Unit
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`0005
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`0005
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`

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`Application/Control Number: 95/000,478
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`Page 4
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`Art Unit: 3992
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`Commissioner of Patents
`United States Patent & Trademark Office
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`By fax to:
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`(571) 273-9900
`Central Reexamination Unit
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`By hand to:
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`Customer Service Window
`Randolph Building
`401 Dulany St.
`Alexandria, VA 22314
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`Any inquiry concerning this communication or earlier communications from the
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`examiner, or as to the status of this proceeding, should be directed to the Central Reexamination
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`Unit at telephone number (571) 272-7705.
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`/Christina Y. Leungl
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`Primary Examiner, Art Unit 3992
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`0006 i
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`0006