`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`DECLARATION OF WARREN SMITH
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313–1450
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`DMSLIBRARY01\33149038.v1
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`BASF-1014
`U.S. Patent No. RE38,844
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`I, Warren Smith, declare, certify, and state as follows:
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`1.
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`I possess advanced knowledge of the Japanese and English languages.
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`My qualifications are as follows.
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`2.
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`I received my bachelors of science in Physics from Brigham Young
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`University, with minors in Japanese and Mathematics. I received an MBA from
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`Brigham University Marriott School of Business, during which time I received a
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`Fulbright Graduate Research Fellowship to study operations management in Ja-
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`pan. I received a doctorate in business administration (DBA) from the Harvard
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`University Graduate School of Business, where I studied technology strategy, dur-
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`ing which time I took graduate level engineering courses at Massachusetts Institute
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`of Technology through cross-registration.
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`3.
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`I served as a member of the “Flying Squad” (the elite team of press
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`and VIP interpreters) at the Los Angeles Olympics in 1984. (The “Flying Squad”
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`was so named because its members were forbidden to be out of communication
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`during the period of the Olympic Games, and agreed to be available to be airlifted,
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`by helicopter, to handle emergency situations (natural disaster, terrorist incident,
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`etc.) beyond the ability of lower-level interpreters.)
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`4.
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`Following graduation from college, I worked as a semiconductor
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`process engineer for Signetics Corp. in the United States for two years (1986 -
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`DMSLIBRARY01\33149038.v1
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`1988), and during my time as a Fulbright scholar (from 1988-1989), I worked in
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`Japan as a semiconductor process engineer for Mitsubishi Electric Company.
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`5.
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`For the past thirty-four years I have run my own consulting company,
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`JETS: Japanese-English Technology Services, where I primarily translate Japanese
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`patents and technical documents, among other translation services and linguistic
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`and engineering consulting services. I am considered by many to be the most ex-
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`perienced translator in the industry today. I have given presentations in translator
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`conferences in the United States, Japan, and Europe, and have also been a guest
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`lecturer in universities teaching the art of translation.
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`6.
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`Through my company, I work as a consultant for various translation
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`agencies, and various attorneys, for which I translate Japanese patents and related
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`documents into English, consult on technical issues, perform expert witness work,
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`and the like.
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`7.
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`I reviewed the original document entitled Japanese Unexamined Pat-
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`ent Application Publication No. H10-37812 (“Abe”) and translated it faithfully
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`from Japanese to English. It is my understanding that Abe has been submitted as
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`Exhibit 1008, and that my translation of Abe has been submitted as Exhibit 1009.
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`8.
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`The translation submitted as Exhibit 1009 is, to the best of my knowl-
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`edge and belief, a true and accurate translation from Japanese to English of Abe.
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`9.
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`In signing this declaration, I recognize that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I also recognize that I may be sub-
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`ject to cross-examination in the case and that cross-examination will take place
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`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for cross-
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`examination.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`Executed this 2nd day of October, 2018.
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`Respectfully Submitted,
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`_________________________
`Warren Smith
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