CAO GROUP, INC.v.The Procter & Gamble CompanyDownload PDFPatent Trial and Appeal BoardNov 26, 201411099738 (P.T.A.B. Nov. 26, 2014) Copy Citation Trials@uspto.gov Paper 17 Tel: 571-272-7822 Entered: November 26, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ CAO GROUP, INC., Petitioner, v. THE PROCTER & GAMBLE COMPANY, Patent Owner. ____________ Case IPR2014-00798 Patent 7,122,199 B2 ____________ Before ERICA A. FRANKLIN, DONNA M. PRAISS, and SCOTT E. KAMHOLZ, Administrative Patent Judges. PRAISS, Administrative Patent Judge. DECISION Denying Institution of Inter Partes Review 37 C.F.R. § 42.108 IPR2014-00798 Patent 7,122,199 B2 2 I. INTRODUCTION CAO Group, Inc. (“Petitioner”) filed a Second Corrected Petition (Paper 11, “Pet.”) to institute an inter partes review of claims 17–21, 23–26, and 28–31 of U.S. Patent No. 7,122,199 (Ex. 1001, “the ’199 patent”) pursuant to 35 U.S.C. §§ 311‒319. The Procter & Gamble Company (“Patent Owner”) filed a Preliminary Response (Paper 15, “Prelim. Resp.”). We have jurisdiction under 35 U.S.C. § 314, which provides that an inter partes review may be authorized only if “the information presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). Petitioner challenges claims 17–21, 23–26, and 28–31 of the ’199 patent under 35 U.S.C. §§ 102(b) and 103(a). Pet. 6. Upon consideration of the Petition, we conclude the information presented does not demonstrate a reasonable likelihood that Petitioner would prevail in showing the unpatentability of any of the challenged claims. Accordingly, we do not authorize an inter partes review to be instituted as to the ’199 patent as discussed below. A. Related Proceedings The ’199 patent has been asserted in the U.S. District Court for the Southern District of Ohio in The Procter & Gamble Company v. CAO Group, Inc., No. 1:13-cv-00337-TSB, and in The Procter & Gamble Company v. Team Technologies, Inc. et al., No. 1:12-cv-00552-TSB, and is the subject of now-terminated inter partes review proceeding IPR2013- 00450. Pet. 1–2. U.S. Patents 5,989,569 and 6,045,811 also are asserted in IPR2014-00798 Patent 7,122,199 B2 3 The Procter & Gamble Company v. CAO Group, Inc. and are the subject of contemporaneously filed inter partes review petitions IPR2014-00796 and IPR2014-00797, respectively. Id. B. The ’199 patent (Ex. 1001) The ’199 patent, titled “Methods for Whitening Teeth,” is directed to “applying a tooth bleaching delivery system to a plurality of adjacent teeth, wherein the tooth bleaching delivery system includes a strip of material and a tooth bleaching composition having a peroxide active.” Ex. 1001, Abst. C. Illustrative Claim Claim 17, reproduced below, is the sole independent claim among the claims of the ’199 patent challenged in the Petition. 17. A method of bleaching a plurality of adjacent teeth, the teeth having facial and lingual surfaces, comprising: applying a tooth bleaching delivery system to a plurality of adjacent teeth, wherein the tooth bleaching delivery system comprises a strip of material and a tooth bleaching composition having a peroxide active, wherein applying the tooth bleaching system comprises: a) applying a first portion of the strip of material and tooth bleaching composition to the facial surfaces of the plurality of adjacent teeth so that the tooth bleaching composition contacts the facial surfaces of the plurality of adjacent teeth; b) folding a second portion of the strip of material and tooth bleaching composition about the incisal edges of the plurality of adjacent teeth; c) applying the second portion of the strip and tooth bleaching composition to at least a portion of the lingual surfaces of one or more of the plurality of adjacent teeth, wherein the IPR2014-00798 Patent 7,122,199 B2 4 tooth bleaching composition is adhesive during use and wherein the tooth bleaching delivery system is applied to the facial and lingual surfaces of the plurality of adjacent teeth for a sufficient period of time for the peroxide active to act upon the facial surfaces of the plurality of adjacent teeth; and wherein 12(a) to 12(c) are repeated for about 7 days. D. The Prior Art Petitioner relies on the following prior art: Reference Patent Number Date Exhibit Montgomery US 5,922,307 July 13, 1999 1008 Shapiro US 5,462,067 Oct. 31, 1995 1006 Gaglio US 5,326,685 July 5, 1994 1005 Curtis US 5,310,563 May 10, 1994 1004 Fischer US 5,098,303 Mar. 24, 1992 1009 Hoef US 3,416,527 Dec. 17, 1968 1003 Gallopo WO 95/17158 June 29, 1995 1007 E. The Asserted Grounds Petitioner challenges claims 17–21, 23–26, and 28–31 of the ’199 patent on the following grounds (Pet. 6): IPR2014-00798 Patent 7,122,199 B2 5 Claims Challenged Basis Reference(s) 17, 18, 21, 26, 28–31 § 102(b) Gaglio 17–21, 23–26, 28–31 § 103(a) Gaglio, Shapiro, Gallopo, Montgomery, Fischer 1 17, 20, 21, 26, 28–31 § 102(b) Hoef 17–21, 23–26, 28–31 § 103(a) Hoef, Shapiro, Gallopo, Montgomery, and Fischer 17, 18, 20, 21, 23, 24, 26, 28–31 § 102(b) Curtis 17–21, 23–26, 28–31 § 103(a) Curtis, Shapiro, Gallopo, Montgomery, Fischer F. Claim Interpretation As a first step in our analysis, we determine the meaning of the claims, for purposes of this decision, using the “broadest reasonable construction in light of the specification of the patent in which [they] appear[].” 37 C.F.R. § 42.100(b). Under that standard, claim terms “are . . . given their ordinary and customary meaning,” as would be understood by one of ordinary skill in the art in the context of the entire disclosure. In re Translogic Tech. Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007) (quoting Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005) (en banc)). Any special definition for a claim term must be set forth in the specification with reasonable clarity, deliberateness, and precision. In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). Petitioner proposes constructions for the claim terms “strip of material” and “about 7 days.” Pet. 3–5. Petitioner contends that the term “strip of material” means “a flat substance that has a shape for allowing 1 We understand this ground to include the Shapiro reference based on the inclusion of Shapiro in the headings and accompanying claim chart. Pet. 13–21. IPR2014-00798 Patent 7,122,199 B2 6 coverage of tips of some front teeth without covering the tips of the two canine teeth and that is designed to conform to the shape of the teeth, fitting by drape rather than permanent deformation to the shape of the teeth” (id. at 3). The proposed construction for the claim term “about 7 days” is “daily for at least 7 consecutive calendar days” (id. at 4) based on their usage in the ’199 patent specification and the Patent Owner’s Response in IPR2013- 00450. Patent Owner asserts that the Petition provides no reason why the terms require a claim construction and no reason for departing from the plain and ordinary meaning of the terms. Prelim. Resp. 17. Patent Owner further argues that Petitioner’s construction of “strip of material” would narrow the term to a preferred embodiment because Figure 1 of the specification illustrates another embodiment that covers the tips of canine teeth. Id. at 20. Based on our review of the Petition and Preliminary Response, we conclude that, for the purposes of this decision, neither claim term requires an express claim construction. II. DISCUSSION We turn now to Petitioner’s asserted grounds of unpatentability and Patent Owner’s arguments in its Preliminary Response to determine whether Petitioner has met the standard of 35 U.S.C. § 314(a). A. Grounds Based on Gaglio (Ex. 1005) 1. Anticipation of Claims 17, 18, 21, 26, and 28–31 by Gaglio Based on our review of Petitioner’s analysis and supporting evidence in light of the arguments presented by Patent Owner, we are not persuaded IPR2014-00798 Patent 7,122,199 B2 7 that Petitioner has shown that there is a reasonable likelihood that it would prevail in its anticipation challenge to claims 17, 18, 21, 26, and 28–31 based on Gaglio. Petitioner asserts that Gaglio discloses every element of claims 17, 18, 21, 26, and 28–31 expressly or inherently. Pet. 8. 2 The Petition quotes claim 17 of the ’199 patent (id. at 7), quotes the abstract of Gaglio (id. at 7– 8), and provides a claim chart that does not include a citation to Gaglio for claims 17 (the second wherein clause), 28, 30, and 31 (id. at 9–13). Regarding claim 17, and specifically clause (b), Petitioner contends that Gaglio recognized that it was known to apply bleaching gel to the front and back of teeth; therefore, if desired to be applied to the front and back of teeth, Gaglio’s strip “would be folded about the incisal edges of the teeth.” Id. at 8–9. Patent Owner contends that the Petitioner has not established anticipation of every element of the claims because Petitioner does not adequately explain how Gaglio discloses either the “folding . . . about the incisal edges” or the “adhesive during use” limitations required by independent claim 17. Prelim. Resp. 32–35. We agree. The Petition does not explain why Gaglio’s recognition of prior art tooth whitening systems that teach applying a bleaching composition to the front and back of teeth using a molded trough necessarily discloses folding of a strip of material about the incisal edges of teeth. Petitioner argues that if both the back and front of the teeth were to be covered using Gaglio’s invention, it would be accomplished by folding over a single strip of 2 We understand the reference to “the ‘811 Patent” to be a typographical error referring to the ’199 patent based on the heading of the section in which it appears. IPR2014-00798 Patent 7,122,199 B2 8 material with bleaching composition. Pet. 15. Petitioner’s argument is not persuasive because it does not explain why the claimed method of folding necessarily would be used rather than, for example, using a pre-formed trough shape or applying separate strips for the front and back, so as to anticipate the claim. Therefore Petitioner’s argument that Gaglio teaches “folding . . . about the incisal edges” is not persuasive. The Petition also does not explain why Gaglio’s disclosure that its system “can be worn for prolonged periods” (Pet. 11 (quoting Ex. 1005, col. 5, ll. 16–24)) means that “the tooth bleaching composition is adhesive during use” as required by claim 17. Petitioner has not explained adequately how the tooth bleaching composition of Gaglio is disclosed, expressly or inherently, as being adhesive during use. For at least these reasons, we conclude that Petitioner has not shown a reasonable likelihood of prevailing in its anticipation challenge to claims 17, 18, 21, 26, and 28–31 of the ’199 patent based on Gaglio. 2. Obviousness over Gaglio, Shapiro, Gallopo, Montgomery, Fischer Petitioner challenges claims 17–21, 23–26, and 28–31 as obvious under 35 U.S.C. § 103(a) over Gaglio, Shapiro, Gallopo, Montgomery, and Fischer. Pet. 13‒21. Specifically, Petitioner contends that the combination teaches or suggests all of the elements of claims 17–21, 23–26, and 28–31. Id. at 15. In support of this position, the Petition quotes claim 17 as representative (id. at 13–14), quotes from the abstract of Gaglio (id. at 14– 15), provides a claim chart with citations to Gaglio, Shapiro, Gallopo, and Montgomery for the elements of independent claim 17, and argues the strip of Gaglio “would be folded about the incisal edges of the teeth” (id. at 15) IPR2014-00798 Patent 7,122,199 B2 9 and that “seven days of repetition is inherent in the art . . . or is at least obvious to achieve a desired result” (id. at 15–16). In the claim chart, Petitioner further cites to Figures 7 and 8 of Gaglio as illustrating that the gel is the only thing that holds the pad on the tooth (id. at 19), Shapiro for teaching a strip placed on the front and drawn up and around to the back of the teeth (id. at 18), and the bleaching regimens of Gallopo and Montgomery over “one-and-a-half to eight days” and “twice a day for one week,” respectively (id. at 19). Patent Owner contends that Figures 7 and 8 of Gaglio do not indicate whether it is the gel or something else that holds the pad to the tooth because the gel is saturated into the dispensing material in Figure 7 and dispersed through the dispensing material in Figure 8. Prelim. Resp. 36–37. Patent Owner also contends that no articulated reasoning for combining Gaglio with Shapiro has been provided in the Petition, that Shapiro is non- analogous art and incompatible with Gaglio because it does not touch the teeth, and that Shapiro neither teaches nor is relied upon as teaching the limitation “adhesive during use” required by claim 17 of the ’199 patent. Id. at 37–39. Petitioner’s obviousness argument does not demonstrate a reasonable likelihood of success because it does not provide support or sufficient explanation for either making modifications to Gaglio or combining Gaglio with Shapiro to meet the limitation in claim 17 “folding a . . . portion of the strip of material . . . about the incisal edges of . . . adjacent teeth.” Petitioner provides no discussion, let alone support, for why one of ordinary skill in the art would fold the bleaching system of Gaglio over the incisal edges of adjacent teeth. At best, Petitioner identifies other prior art systems that exist IPR2014-00798 Patent 7,122,199 B2 10 on both sides of a tooth, but does not explain why those prior art systems would make obvious the modification of Gaglio’s system as claimed in claim 17 by folding a portion of Gaglio’s strip and tooth bleaching composition over the incisal edges of the teeth. Petitioner also does not adequately explain why one of ordinary skill in the art would understand Gaglio’s tooth bleaching composition to be adhesive during use. Petitioner relies on Figures 7 and 8 of Gaglio, which show gel 10 adjacent to pad 28 and a tooth, as “illustrat[ing] the gel 10 as [the] only thing that apparently holds the pad 28 to the tooth.” Pet. 19. As Patent Owner points out, the gel in Gaglio is not necessarily adhering the pad to the tooth because it is saturated into the dispensing material 32 in Figure 7 (Ex. 1005, col. 6, ll. 7–9) and slowly releasing from a hollow pocket 38 in Figure 8 (id. at col. 6, ll. 9–16). Although Gaglio has some of the elements required by claim 17, the Petition is insufficient to demonstrate a reasonable likelihood that Petitioner can support the obviousness of the gaps between the prior art and the claim. For these reasons, we conclude that Petitioner has not shown a reasonable likelihood of prevailing in its obviousness challenge to claims 17–21, 23–26, and 28–31 of the ’199 patent based on the combination of Gaglio, Shapiro, Gallopo, Montgomery, and Fischer. B. Grounds Based on Hoef (Ex. 1003) 1. Anticipation of Claims 17, 20, 21, 26, and 28–31 by Hoef Petitioner challenges claims 17, 20, 21, 26, and 28–31 as anticipated by Hoef. Pet. 21‒28. IPR2014-00798 Patent 7,122,199 B2 11 Petitioner contends that the delivery system of Hoef uses a tray that is a flat strip deformed to fit the dental arch, and a medicament in liquid or gel form dispensed into the tray prior to use. Id. at 23. Hoef’s tray is pressed against both sides of a patient’s teeth and gums and, for this reason, Hoef is said to teach “applying a first portion of the strip of material . . . to the facial surfaces of . . . adjacent teeth” as recited in clause (a) of independent claim 17 (id.) as well as the folding a second portion step of clause (b) and applying a second portion to the lingual surfaces of clause (c) (id. at 26). Regarding the tooth bleaching composition being “adhesive during use” as required by claim 17 in step (c), Petitioner argues that “a liquid or a gel would inherently, or at least obviously, be adhesive to some degree.” Id. at 23. Regarding the claim requirement “repeated for about 7 days,” Petitioner asserts that “seven days of repetition is inherent in achieving a desired result for a given composition, or is at least obvious to achieve a desired result.” Id. at 24. Based on our review of Petitioner’s analysis and supporting evidence in light of the arguments presented by Patent Owner, we are not persuaded that Petitioner has shown that there is a reasonable likelihood that it would prevail in its challenge to claims 17, 20, 21, 26, and 28–31 as anticipated by Hoef. Patent Owner contends that Petitioner has not established anticipation of every element of claim 17 because the Petition does not explain how a single statement that Hoef’s device is pressed around both sides of a patient’s teeth discloses all three steps (a) through (c). Prelim. Resp. 40. Patent Owner contends that Hoef’s tray device, which is pre-formed outside of the mouth, cannot accomplish the steps of being applied to the front IPR2014-00798 Patent 7,122,199 B2 12 surfaces of the teeth, then folded over the incisal edges of the teeth, then applied to the back surfaces of the teeth. Id. at 41. Patent Owner further contends that pressing of the Hoef device is not to apply the device to any surface of the teeth, but, rather, to force the medicament around the teeth while the patient’s mouth remains closed during use to keep the tray in position. Id. (citing Ex. 1003, col. 2, ll. 55–62). In addition, Patent Owner contends that this description in Hoef also implies the substance in Hoef “is not adhesive to a relevant degree” and therefore is not “adhesive during use” either inherently or obviously. Id. at 44. For purposes of this decision, we need not determine whether claim 17 requires a particular sequence or order of steps, i.e. whether folding must occur after applying a first section and before a second section of the strip of material as Patent Owner contends. Regardless of the order in which the steps may be performed, Petitioner has not explained sufficiently in the Petition how Hoef teaches every element of independent claim 17. The Petitioner does not explain how forming Hoef’s tray in a mold and inserting Hoef’s tray with medicament in a patient’s mouth meets the steps of “applying a first portion of the strip . . . , folding a second portion of the strip . . . , and applying the second portion of the strip,” as required by steps (a) through (c) of independent claim 17. As Patent Owner points out, Hoef’s molded tray containing medicament is kept in position by keeping the mouth closed, a disclosure which does not indicate that the strip of material is applied or that the substance is tacky or adhesive. Prelim. Resp. 41, 44 (citing Ex. 1003, col. 2, ll. 57–62). Petitioner’s assertion that the “adhesive during use” requirement of claim 17 is met inherently by Hoef is not consistent with the teachings in IPR2014-00798 Patent 7,122,199 B2 13 Hoef. Absent some basis for Petitioner’s assertion, we conclude that Petitioner has not shown a reasonable likelihood that it would prevail in its challenge to claims 17, 20, 21, 26, and 28–31 as anticipated by Hoef. 2. Obviousness over Hoef, Shapiro, Gallopo, Montgomery, Fischer Petitioner challenges claims 17–21, 23–26, and 28–31 as obvious under 35 U.S.C. § 103(a) over Hoef, Shapiro, Gallopo, Montgomery, and Fischer. Pet. 28‒37. Petitioner contends that Hoef teaches all of the elements of independent claim 17 for the same reasons Hoef is asserted to anticipate claim 17 of the ’199 patent. Id. at 30–31. In addition, Petitioner asserts that Gallopo teaches using a peroxide bleaching composition over a range of one-and-a-half days to eight days, making the required “about 7 days” “an obvious selection given a particular peroxide source and concentration.” Id. at 31. In the claim chart, Petitioner alternatively cites the whitening experiment repeated twice a day for one week disclosed by Montgomery in place of Gallopo. Id. at 34–35. No additional prior art references are relied upon to support the obviousness challenge based on Hoef. Patent Owner contends that Petitioner’s obviousness argument based on Hoef is conclusory because it lacks support, explanation, and citation to evidence. Prelim. Resp. 44. We agree. Petitioner does not explain how the disclosures in Hoef would teach or suggest the steps of applying a first section of a strip to the facial surfaces of adjacent teeth, folding a second section of the strip over the incisal edges of the teeth, and applying the second section of the strip to the lingual surface. Petitioner argues that the step of applying a first portion of the strip to the facial surfaces of the teeth is achieved in Hoef because the device in IPR2014-00798 Patent 7,122,199 B2 14 Hoef is “pressed around both sides of the patient’s teeth and gums.” Pet. 30 (quoting Ex. 1003, col. 2, ll. 54–56). According to Petitioner, pressing “includes applying a first portion of the strip and the hydrogen peroxide bleaching composition thereon to the facial surfaces of the teeth.” Id. Petitioner provides no explanation or support for this conclusion. Nor does Petitioner explain how the additional steps of clauses (b) and (c) in claim 17 are also included in Hoef’s pressing step. See id. at 33–34 (citing same passage of Hoef in claim chart for clauses (a) through (c) in claim 17). Based on our review of Petitioner’s analysis and supporting evidence, we are not persuaded that Petitioner has shown that there is a reasonable likelihood that it would prevail in its challenge to claims 17–21, 23–26, and 28–31 under 35 U.S.C. § 103(a) over Hoef, Shapiro, Gallopo, Montgomery, and Fischer. C. Grounds Based on Curtis (Ex. 1004) 1. Anticipation of Claims 17, 18, 20, 21, 23, 24, 26, 28–31 Petitioner challenges claims 17, 18, 20, 21, 23, 24, 26, 28–31 under 35 U.S.C. § 102(b) as anticipated by Curtis. Pet. 37‒43. Based on our review of Petitioner’s analysis and supporting evidence in light of the arguments presented by Patent Owner, we are not persuaded that Petitioner has shown a reasonable likelihood that it would prevail in its anticipation challenge to claims 17, 18, 20, 21, 23, 24, 26, and 28–31 based on Curtis. Petitioner asserts that “Curtis expressly or inherently discloses each and every element of each of claims 17, 18, 20, 21, 23, 24, 26, and 28–31 of the ’199 Patent.” Pet. 39. As to claim 17 (id. at 37), Petitioner IPR2014-00798 Patent 7,122,199 B2 15 acknowledges that the claimed time period for repeating the method steps is not disclosed explicitly in Curtis, but contends the limitation “is inherent in achieving a desired result for a given composition” (id. at 39). Regarding the other limitations of claim 17, Petitioner provides citations to Curtis in a claim chart. For the steps in clauses (b) and (c) of claim 17, Petitioner states “See above.” Id. at 40–41. Immediately above in the table next to clause (a), Petitioner states “[a]s noted above, the use of ‘Carbamide H2O2 Fluoride’ (col. 5, line 59) discloses fluoride combined with a whitener.” Id. at 40 (citing Ex. 1004, col. 5, l. 59). Petitioner provides no basis for establishing that Curtis teaches each of the process steps recited in independent claim 17. Petitioner’s citation in the claim chart to components in Curtis rather than a process does not persuade us of a reasonable likelihood that it would prevail in its challenge to the method of claim 17 and dependent claims 18, 20, 21, 23, 24, 26, 28– 31 under 35 U.S.C. § 102(b) over Curtis. 2. Obviousness over Curtis, Shapiro, Gallopo, Montgomery, Fischer Petitioner challenges claims 17–21, 23–26, and 28–31 as obvious under 35 U.S.C. § 103(a) over Curtis, Shapiro, Gallopo, Montgomery, and Fischer. Pet. 43‒50. Petitioner contends that all of the claim limitations are taught or suggested by Curtis, Shapiro, Gallopo, Montgomery, and Fischer. Id. at 45. Petitioner’s argument consists of the quoted abstract from the Curtis reference, the assertion that the period “about 7 days” in claim 17 is inherent in achieving a desired result, and the assertion that the shade guide improvement required by claim 31 would be inherent from Curtis’s use of the same bleaching composition. Id. at 44–45. The Petition does not IPR2014-00798 Patent 7,122,199 B2 16 explain how the references are to be applied to the independent claims apart from the claim chart provided. Based on the claim chart, Petitioner relies on the same position, discussed above, that Curtis teaches or suggests all of the limitations in independent claim 17. Pet. 45–50 (claim chart). Petitioner relies solely on the citation to Curtis’s use of carbamide H2O2 fluoride as support for Curtis teaching the process steps of clauses (a) through (c) in claim 17 (id. at 46– 47). For the same reasons discussed above with respect to Petitioner’s anticipation challenge to claim 17 by Curtis, we are not persuaded that the process steps required by claim 17 are reasonably likely to be obvious over the dental composition components cited from Curtis. Petitioner provides no explanation for why the dental composition taught by Curtis teaches or suggests the method of independent claim 17 and claims 18–21, 23–26, and 28–31, which depend from and therefore require the limitations of claim 17. Based on our review of Petitioner’s analysis and supporting evidence, we are not persuaded that Petitioner has shown that there is a reasonable likelihood that it would prevail in its challenge to claims 17–21, 23–26, and 28–31 under 35 U.S.C. § 103(a) over Curtis, Shapiro, Gallopo, Montgomery, and Fischer. III. CONCLUSION For the foregoing reasons, we do not institute an inter partes review of any of the asserted grounds as to any of the challenged claims of the ’199 patent. IPR2014-00798 Patent 7,122,199 B2 17 IV. ORDER Accordingly, it is: ORDERED that the Petition is DENIED. IPR2014-00798 Patent 7,122,199 B2 18 PETITIONER: Edgar R. Cataxinos J. Jeffrey Gunn TRASKBRITT, P.C. ercataxinos@traskbritt.com jgunn@traskbritt.com PATENT OWNER: David M. Maiorana John V. Biernacki Kenneth S. Luchesi JONES DAY dmaiorana@jonesday.com jvbiernacki@jonesday.com kluchesi@jonesday.com Amanda T. Barry Amy M. Foust THE PROCTER & GAMBLE COMPANY barry.at@pg.com foust.am@pg.com Copy with citationCopy as parenthetical citation