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`Art Unit
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`: 1726
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`Customer No; 035811
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`Examiner
`Serial No.
`Filed
`Inventors
`
`: Julian Anthony
`: 13/146,669
`: July 28, 2011
`: Eduard Pytlik
`:
`Illa-gen Lindncr
`: Ulrich Barcnthin
`
`Title
`
`: Winfried Gaugicr
`: BUTTON CELLS AND METHOD
`: FOR PRODUCING SAME
`
`Docket No: RUF-l 1—1270
`
`Confirmation No: 6273
`
`Dated: May 2, 2014
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`RESPONSE
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Official Action dated March 27, 2014,
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`the Applicants amend the
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`application as follows:
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`EASTWSMGSO 1.1
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`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`|PR2020-01212
`
`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
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`
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`In the Claims
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`1.
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`(Currently Amended) A button cell comprising:
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`a housing cup and a housing top separated from one another by an electrically
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`insulating seal and which form a housing with a flat bottom area and a flat top area
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`parallel to it, and
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`an electrode—separator assembly within the housing comprising at
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`least one
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`positive and at least one negative electrode in the form of flat layers and connected to one
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`another by at least one flat separator,
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`wherein the electrode layers are aligned essentially at right angles to the flat
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`bottom and top areas and the button cell is closed without being beaded over: and the electrode-
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`separator assembly is in the form ot‘a spiral winding whose end faces face in a direction of the
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`flat bottom area and the flat top area.
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`2.
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`(Previously Presented) The button celi as claimed in claim 1, wherein the
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`electrodes atrdfor the separator arefis in the form of strips or ribbons.
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`3.
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`(Cancelled)
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`4.
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`(Currently Amended) The button cell as claimed in claim [5]] l, wherein the
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`winding has an axial cavity in its centeri which axial cavity is at least partially filled by a
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`winding core.
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`EAS'IN75846SOI .l
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`2
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`VARTA Ex. 2058 Page 2 of 8
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`VARTA Ex. 2058 Page 2 of 8
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`5.
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`(Previously Presented) The button cell as claimed in claim I, wherein the
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`electrode—separator assembly has one of the following layer sequences:
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`negative electrode/separator/positive electi'odefseparatot' and
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`positive electrode/separator/negative electrode/separator.
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`6.
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`{Freviously Presented) The button cell as claimed in claim 1. wherein the positive
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`electrode and/or the negative electrode arefis connected via an output conductor to the housing in
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`an area of the flat bottom area and/or of the flat top area.
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`7.
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`(Currently Amended) The button cell as claimed in claim [[3]] 1,
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`further
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`comprising at least one insulator which prevents direct mechanical and electrical contact between
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`the end faces of the winding and the flat bottom and top areas.
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`8.
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`(Previously Presented) The button cell as claimed in claim 7, wherein the at least
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`one insulator is a flat layer composed of plastic arranged between the end faces of the winding
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`and the flat bottom and top areas.
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`9.
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`(Previously Presented) The button cell as claimed in claim 1, which is
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`rechargeable.
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`'10.
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`(Previously Presented) The button cell as claimed in claim 1, having a
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`heightzdiameter ratio of < l.
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`EAST\7584650|.1
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`D.)
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`VARTA Ex. 2058 Page 3 of 8
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`VARTA Ex. 2058 Page 3 of 8
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`
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`l 1,
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`(Previously Presented) A method for producing a button cell according to claim 1,
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`comprising inserting an electrode-separator assembly with electrodes in the form of a flat layer
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`into the housing such that the electrode layers are aligned essentially at right angles to the flat
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`bottom and top areas, wherein the housing comprises a metallic cup part and a metallic top part.
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`12.
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`(Previously Presented) The method as claimed in claim 1 1, wherein the electrode—
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`separator assembly is inserted as a winding.
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`13.
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`(Previously Presented) The method as claimed in claim 12, further comprising:
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`inserting the winding into the metallic top part, and
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`inserting the metallic top part with the winding into a metallic cup part.
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`14.
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`(Previously Presented) The method as claimed in claim 12, wherein the winding
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`is heat-treated on its end faces before being installed, with it being at least for a short time
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`subjected to a temperature at which the separator is thennoplastically deformable.
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`liAST\7584650|.l
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`4
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`VARTA Ex. 2058 Page 4 of 8
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`VARTA Ex. 2058 Page 4 of 8
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`
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`Remarks
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`The Applicants have amended Claim 1 to include the subject matter ot‘Claim 3.
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`Claim 3 has been cancelled in View ol‘the inclusion ofthat subject matter into Claim 1.
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`Claim 4 has also been amended to depend from Claim 1
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`in View of the cancellation of
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`Claim 3.
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`Finally, Claim 7' has similarly been amended in View of the cancellation of Claim 3.
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`Entry of the above amendments and cancellation into the official file and consideration
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`on the merits is respectfully requested.
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`The Applicants enclose a new Fig. 4 and respectfully request that it be entered into the
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`official file.
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`The drawings stand objected to with respect to the claimed insulator which prevents
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`direct mechanical and electrical contacts between the end faces of the winding and the flat
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`bottom of top areas must be shown. The Applicants note that original Claim 4 shows such an
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`insulator with respect to reference numbers 41 l and 412. However, the originally submitted Fig.
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`4 shows a button cell that is closed in a classical manner with an edge of the cell cup 401 being
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`beaded inward over an edge of the cell top 402. New Fig. 4 has been modified such that the
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`button cell 400 is closed without being beaded over in accordance with Claim 1 and, also, in
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`accordance with the claimed feature wherein the insulator prevents direct and electrical contact
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`between the end faces of the winding in the flat bottom and top areas. Withdrawal of the
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`objections to the drawings is respectfully requested.
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`Claims 1. 2, 6. 10 and 11 stand rejected under 35 USC {$102 as being anticipated by
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`Nakayama. The Applicants respectfully submit that the rejection is moot in View of the addition
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`EAS’TWSS‘IGSOH
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`5
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`VARTA Ex. 2058 Page 5 of 8
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`VARTA Ex. 2058 Page 5 of 8
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`
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`of the subject matter of Claim 3 into Claim 3. Withdrawal of the rejection is respectfltlly
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`requested.
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`Claims 3-5, 9. 12 and 13 stand rejected under 35 USC §103 over the combinatiori of
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`Suzuki with Nakayama. The Applicants note that the rejection is technically moot with respect
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`to cancelled Claim 3. Nonetheless, the Applicants will address the substance 01‘ that rejection as
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`it could theoretically apply to Claims l and ll.
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`The rejection frankly acknowledges that Nakayama does not disclose a spiral winding.
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`Hence, the rejection turns to Suzuki for such disclosure. However, the Applicants respectfully
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`submit that importing the teachings of Suzuki
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`into Nakayama would still result in a different
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`button cell and a different method of producing a button cell as recited in Claims 1 and 11.
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`respectively.
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`Suzuki indeed discloses a spiral winding (Fig. 2). However, the end faces of the winding
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`in Fig. 2 of Suzuki do not face in the direction of the flat bottom area and the flat top area. This
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`difference is important. The Applicants explain in para. [0020] of their specification that a right—
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`angled alignment of electrode layers (to the flat bottom and top areas)
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`is unexpectedly
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`advantageous. Lithium electrodes have a volume expansion and shrink during charging and
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`discharging. It'a lithium electrode is in the form ot'a flat layer, in particular in the form ofa flat
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`layer being spirally winded,
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`the expansion/shrink .is directional. Mechanical forces resulting
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`from the expansion/shrink do act in this case in a radial direction much stronger than in an axial
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`direction.
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`This allows the use of a housing of a housing cup and a housing top which is closed
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`without being headed over. All mechanical forces resulting from the charging and discharging
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`processes can be absorbed by the (radial) casing area and not by the flat bottom and top areas.
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`EASTWSMGSO} .l
`
`6
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`VARTA Ex. 2058 Page 6 of 8
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`VARTA Ex. 2058 Page 6 of 8
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`
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`Mach or suggesi [115:5 unexpecied advantage and inherently fang '{0 disclnse, teach or suggest the
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`Structure which msuli’s in this advantage.
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`i‘feme, even ifcme skilkd in the art, were“. m import. the
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`teachings of Suzuki inm Nakayama as set forth in the rejemim. both the ranking ‘bmmn cells
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`and: the mathod of making such a button ceii would he: diff‘erem from the subjsc: matter of
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`iimependem {liaim l. Withdrawal! ofthe mieci‘mn is accurdingiy respectfuliy requssied.
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`Ciaims '7, 8 and 14 stand reiected under 35 USC §1{}3 owr {316 further combinatinn 0f
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`Cantavc with Suzuki and Namyama.
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`'fhe Applicants rcspectfuiiy submit than Cantata-“e fails to
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`cure the dei'icimcies set. {mm abn‘ve with respect in the mmbination of Suzuki with Nakayama.
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`\‘v"i£hdt‘3W31 Dfihi: mkcfian is respectfuiiy requcsmd.
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`in light m" 1119 foregoing, the Appficams raspectfuily submit ma: the emire application is
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`now in C(mdi‘mn for anuwance, which is reasptcifuiiy submii'ied.
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`$3. submineat
`Respect
`
`i“ ““
`
`‘1‘. DamiE'l Chrismnimry
`Reg. No. 31,?50
`
`"rmrrvp
`{325) 556438:
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`EASTWS 8465!}! .1
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`7
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`VARTA Ex. 2058 Page 7 of 8
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`VARTA Ex. 2058 Page 7 of 8
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`VARTA Ex. 2058 Page 8 of 8
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`VARTA Ex. 2058 Page 8 of 8
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