Free Declaration - District Court of Colorado - Colorado

Case 1:03-cv-02372-PSF-PAC

Document 135

Filed 08/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:03-cv-02372-PSF-PAC JACK BARRECA Plaintiff, v. SOUTH BEACH BEVERAGE CO., INC.; LOTTE U.S.A; and 7-ELEVEN, INC. Defendant. ________________________________________________________________________ DECLARATION OF JACK BARRECA ________________________________________________________________________

I, Jack Barreca, declare as follows: 1. 2. I incorporate by reference my Declaration of May 20, 2005 and confirm that such Declaration is true and accurate. As the sole named inventor on three issued patents in the center-fill gum field, I consider myself to be at least one of ordinary skill in the art thereof. In addition to my understandings gained through discussions with individuals knowledgeable in analytic chemistry (e.g., Mr. Steven Baugh, Dr. Robert K. Lantz, Dr. Brownlyn Hughes) and through research I have independently performed, I believe that taurine, ginseng and various ginsenosides constitute "metabolic enhancers that increase a user's metabolism in order to achieve a higher caloric burn rate." My belief is further buttressed by, for example, the attached documents. One of the attached documents entitled "Metabolic Activation Formula" references a product sold by Meta-Health Weight Management, Inc. The ingredients in such formulation include ginseng which promotes "an increase in metabolic activity" and also "contains ginsenosides, which have thermogenic effects."

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Case 1:03-cv-02372-PSF-PAC

Document 135

Filed 08/23/2005

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An attached document directed to Nigell Lean Herbal Metabolic Fat Burner discusses a formulation of active ingredients that accelerates natural fat burning processes in a person's body. A particular "herbal thermogenic blend", which contains ginseng, is touted as "kicking your metabolism into high gear." Such document also states that "the key to any weight loss program is your metabolism. The faster your metabolism, the faster your body burns calories."

I declare under penalty of perjury under the laws of the United States of America and Colorado that the foregoing is true and accurate.

s/ Jack Barreca Jack Barreca

Date: August 23, 2005

J:\3676\-24\PLEADINGS\DECLARATION OF BARRECA re claims 9 and 11.doc

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