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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Plaintiff,
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`Case No. 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`vs.
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants,
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`and
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`MICRO MOTION INC., USA,
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`Counterclaim-Plaintiff,
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`vs.
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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
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`DECLARATION OF KADIE M. JELENCHICK
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`I, Kadie M. Jelenchick, do hereby declare as follows:
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`1.
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`I am an attorney with the firm Foley & Lardner LLP, counsel for Micro Motion
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`Inc. and Emerson Electric Co. in the above-captioned matter. I submit this declaration in support
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`of Micro Motion, Inc.’s and Emerson Electric Co.’s Motion for Summary Judgment of
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`Indefiniteness.
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`2.
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`Attached as Exhibit A is a true and correct copy of the “Supplementary
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`Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of
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`4813-4837-1738.
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`Case 6:12-cv-00799-JRG Document 144-1 Filed 04/11/14 Page 2 of 2 PageID #: 4308
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`Related Issues in Patent Applications,” which was published in the Federal Register on February
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`9, 2011 at 76 Fed. Reg. 7162 as reported by Lexis Nexis.
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`3.
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`Attached as Exhibit B is a true and correct copy of excerpted pages from the
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`Patent Owner Preliminary Response Pursuant to 37 C.F.R. § 42.107, filed with the United States
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`Patent and Trademark Office by Invensys in Inter Partes Review Case No. 2014-00179
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`concerning U.S. Patent No. 7,124,646 on March 5, 2014.
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`4.
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`Attached as Exhibit C is a true and correct copy of excerpted pages from
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`Defendants’ technical tutorial submitted in the above-captioned case.
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`5.
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`Attached as Exhibit D is a true and correct copy of excerpted pages from the
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`Patent Owner Preliminary Response Pursuant to 37 C.F.R. § 42.107, filed with the United States
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`Patent and Trademark Office by Invensys in Inter Partes Review Case No. 2014-00178
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`concerning U.S. Patent No. 7,136,761 on March 5, 2014.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Respectfully submitted,
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick, WI Bar No. 1056506
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: kjelenchick@foley.com
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`Dated: April 11, 2014
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`2