Ex Parte 6039076 et al - Page 8



               Appeal 2006-1875                                                                              
               Reexamination Control No. 90/006,272                                                          
           1   21. Mr. Miller testifies (2003 Miller Declaration ¶ 5) that the June 20                       
           2   memorandum refers to the 1997 Copes-Vulcan Brochure as evidenced by                           
           3   several textual references to the brochure: (a) the memo says that RAVEN is                   
           4   an acronym for Reduce and Attenuate Velocity Erosion and Noise, and this                      
           5   appears on the cover of the brochure (¶ 6); (b) the memo says that the pictures               
           6   in the brochure show "pressure equalizing rings," and the disc on the cover of                
           7   the brochure shows rings corresponding to an inner periphery ring prior to the                
           8   channel entry 72 and to passageways 80 and 82 in the '076 patent (¶ 7); (c) the               
           9   memo says that there are "only two designs shown," where a first design is                    
          10   shown on the cover of the brochure, and repeated on pages 2, 3, and 4, and a                  
          11   second design is shown on page 2 of the brochure (¶ 8); (d) the memo says                     
          12   that the brochure shows expanding and non-expanding flow channels and that                    
          13   the discs shown have 14 and 40 turns, and the brochure shows discs with 14                    
          14   and 40 turns with the flow channels expanding toward the outer rim of the                     
          15   discs (¶ 9); and (e) the memo comments on a picture showing noise versus                      
          16   pressure differential on page 3 which does not mention which competitor's                     
          17   disc is being compared, and page 3 of the brochure has a graph of noise                       
          18   versus pressure differential which does not identify the competitors (¶ 10).                  
          19   22. Mr. Miller testifies that the memorandum refers to a copy being sent to                   
          20   S.A. Carson and V.K. Nagpal, and that he spoke to Mr. Carson and                              
          21   Mr. Nagpal who both recalled receiving a copy of the memorandum of                            
          22   Exhibit 15 and a copy of the Copes-Vulcan Brochure in the summer of 1997                      
          23   (2003 Miller declaration ¶¶ 11-12).                                                           

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