DECLARATION OF JAMES L. MULLINS, PH.D.
`
`Page 1 of 133
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`TABLE OF CONTENTS
`
`Page
`INTRODUCTION ........................................................................................... 1
`
`BACKGROUND AND QUALIFICATIONS ................................................. 2
`
`I.
`
`II.
`
`III. PRELIMINARIES ........................................................................................... 3
`
`A.
`
`B.
`
`C.
`
`D.
`
`Library catalog records .......................................................................... 5
`
`Periodicals, Indexes, and Citation Sources .........................................15
`
`1.
`
`2.
`
`Periodical publications. .............................................................15
`
`Indexing ....................................................................................15
`
`LearnTechLib ......................................................................................16
`
`Science Direct: ....................................................................................17
`
`IV. OPINION REGARDING INDIVIDUAL DOCUMENTS ...........................17
`
`A. Document 1: Frank M. Shipman III, et al., “Using Networked
`Information to Create Educational Guided Paths,” International
`Journal of Educational Telecommunications, volume 3, number 4,
`(1997): 383-400. (Shipman) ...............................................................17
`
`1.
`
`2.
`
`3.
`
`Authentication ...........................................................................17
`
`Public Accessibility ..................................................................18
`
`Conclusion ................................................................................20
`
`B. Document 2: David Nicol, et al., “Footsteps: trail blazing the Web,”
`Computer Networks and ISDN Systems. Vol. 27 (1995): 879-885.
`(Nicol)..................................................................................................21
`
`1.
`
`2.
`
`Authentication ...........................................................................21
`
`Public Accessibility ..................................................................22
`
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`3.
`3.
`
`Conclusion ................................................................................23
`COMCIUSION ...........:0eseseccccesssccccccesssccccccsseccesscssceccesssscecsseesessesees23
`
`V.
`CONCLUSION ..............................................................................................24
`V. .CONCLUSION 1... eee eeecescesseessesseesesescnescseecaecssessseecsaesssesssessssesseeesseeses24
`
`
`
`
`
`Page 3 of 133
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`I, James L. Mullins, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have knowledge of the facts and opinions set forth in this
`
`declaration, I believe them to be true, and if called upon to do so, I
`
`would testify competently to them. I have been warned that willful
`
`false statements and the like are punishable by fine or imprisonment,
`
`or both.
`
`2.
`
`I am a retired academic librarian working as the Founder and Owner
`
`of the firm Prior Art Documentation Librarian Services, LLC at 106
`
`Berrow, Williamsburg, VA 23188. Attached as Appendix A is a true
`
`and correct copy of my Curriculum Vitae describing my background
`
`and experience. Further information about my firm, Prior Art
`
`Documentation Librarian Services, LLC (PADLS), is available at
`
`www.priorartdoclib.com.
`
`3.
`
`I have been retained by Klarquist Sparkman, LLP to authenticate and
`
`establish the dates of public accessibility of certain documents for use
`
`in one or more inter partes review proceedings. For this service, I am
`
`being paid my usual hourly fee of $185/hour. My compensation in no
`
`way depends on the substance of my testimony or the outcome of the
`
`proceeding.
`
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`II. BACKGROUND AND QUALIFICATIONS
`
`4.
`
`Presently, I am the Dean of Libraries Emeritus and Esther Ellis
`
`Norton Professor Emeritus, Purdue University.
`
`5.
`
`I was previously employed as follows:
`
`• Dean of Libraries and Professor & Esther Ellis Norton Professor,
`
`Purdue University, West Lafayette, IN, 2004-2017.
`
`• Assistant/Associate Director for Administration, Massachusetts
`
`Institute of Technology Libraries, Cambridge, MA, 2000-2004.
`
`• University Librarian and Director, Falvey Memorial Library,
`
`Villanova University, Villanova, PA, 1996-2000
`
`• Director of Library Services, Indiana University South Bend, South
`
`Bend, IN, 1978-1996. Part-time instructor, School of Library and
`
`Information Science, Indiana University, Bloomington, IN, 1979-
`
`1996.
`
`• Associate Law Librarian, and associated titles, Indiana University
`
`School of Law, Bloomington, IN, 1974-1978
`
`• Catalog Librarian, Assistant Professor, Georgia Southern College
`
`(now University), Statesboro, GA, 1973-1974.
`
`6.
`
`Over the course of my career as a librarian, instructor of library
`
`science, author of scholarly publications, and presenter at national and
`
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`international conferences, I have had experience with catalog records
`
`and online library management systems built around Machine-
`
`Readable Cataloging (MARC) standards.
`
`7.
`
`In the course of more than forty-four years as an academic librarian
`
`and scholar, I have been an active researcher. In my years as a
`
`librarian I have facilitated the research of faculty colleagues either
`
`directly or through the provision of and access to the requisite print
`
`and/or digital materials and services at the universities I worked. I
`
`have kept current on the professional library science literature and
`
`served on the editorial board of the most prominent library journal,
`
`College and Research Libraries. This followed service as the chair of
`
`the Research Committee of the Association of College and Research
`
`Libraries (ACRL), a division of the American Library Association
`
`(ALA). As an academic library administrator I have had responsibility
`
`to insure that students were educated to identify, locate, assess and
`
`integrate information garnered from library resources.
`
`III. PRELIMINARIES
`
`8.
`
`Scope of this declaration. I am not a lawyer and I am not rendering an
`
`opinion on the legal question of whether any particular document is,
`
`or is not, a “printed publication” under the law.
`
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`9.
`
`I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on when and how each of these
`
`documents was disseminated or otherwise made available to the
`
`extent that persons interested and ordinarily skilled in the subject
`
`matter or art, exercising reasonable diligence, could have located the
`
`documents on certain dates discussed below.
`
`10. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the documents and attachments
`
`referenced herein. These materials are records created in the ordinary
`
`course of business by publishers, libraries, indexing services, and
`
`others. From my years of experience, I am familiar with the process
`
`for creating many of these records, and I know these records are
`
`created by people with knowledge of the information in the record.
`
`Further, these records are created with the expectation that researchers
`
`and other members of the public will use them. All materials cited in
`
`this declaration and its attachments are of a type that experts in my
`
`field would reasonably rely upon and refer to in forming their
`
`opinions.
`
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`A. Library catalog records
`
`11. Some background on MARC (Machine-Readable Cataloging)
`
`formatted records, OCLC, and WorldCat is helpful to understand the
`
`library catalog records discussed in this declaration. I am fully
`
`familiar with the library cataloging standard known as the MARC
`
`standard, which is an industry-wide standard method of storing and
`
`organizing library catalog information.1 MARC practices have been
`
`consistent since the MARC format was developed by the Library of
`
`Congress in the 1960s, and by the early 1970s became the U.S.
`
`national standard for disseminating bibliographic data. By the mid-
`
`1970s, MARC format became the international standard, and persists
`
`through the present. A MARC-compatible library is one that has a
`
`catalog consisting of individual MARC records for each of its items.
`
`Today, MARC is the primary communications protocol for the
`
`transfer and storage of bibliographic metadata in libraries.2 The
`
`1 The full text of the standard is available from the Library of Congress at
`
`http://www.loc.gov/marc/bibliographic/.
`
`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
`
`Frequently
`
`Asked
`
`Questions
`
`(FAQ),
`
`LIBRARY
`
`OF
`
`CONGRESS,
`
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`MARC practices discussed below were in place during the mid to late
`
`1990s timeframe relevant to the documents referenced herein.
`
`12. Similarly, OCLC practices have been consistent since the 1970s
`
`through the present, and the OCLC practices discussed below were in
`
`place during the mid to late 1990s timeframe relevant to the
`
`documents referenced herein. The OCLC was created “to establish,
`
`maintain and operate a computerized library network and to promote
`
`the evolution of library use, of libraries themselves, and of
`
`librarianship, and to provide processes and products for the benefit of
`
`library users and libraries, including such objectives as increasing
`
`availability of library resources to individual library patrons and
`
`reducing the rate of rise of library per-unit costs, all for the
`
`https://www.loc.gov/marc/faq.html (last visited January 24, 2018) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly forty years ago. It
`
`provides the mechanism by which computers exchange, use, and interpret
`
`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`
`2009) standard for Information Interchange Format.
`
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`fundamental public purpose of furthering ease of access to and use of
`
`the ever-expanding body of worldwide scientific, literary and
`
`educational knowledge and information.”3 Among other services,
`
`OCLC and its members are responsible for maintaining the WorldCat
`
`database (http://www.worldcat.org/), used by independent and
`
`institutional libraries throughout the world.
`
`13. A complementary library organization, Research Library Group
`
`(RLG) was formed in 1974 by several major research universities
`
`including Yale, New York Public, Columbia, and Harvard as an
`
`alternative to OCLC. RLG created a database of bibliographic
`
`records and holdings identified as RLIN that used the MARC format
`
`in creating its OPAC and holding records at member institutions.
`
`RLG merged with OCLC in 2006 to form one unified library
`
`bibliographic, member driven utility.
`
`14. Libraries world-wide have used the machine-readable MARC format
`
`for catalog records. MARC formatted records have provided a variety
`
`3 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`
`Library
`
`Center,
`
`Incorporated
`
`(available
`
`at
`
`http://www.oclc.org/en-
`
`US/councils/documents/amended_articles.html).
`
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`of subject access points based on the content of the document being
`
`cataloged. A MARC record comprises several fields, each of which
`
`contains specific data about the work. Each field is identified by a
`
`standardized, unique, three-digit code corresponding to the type of
`
`data that follows. For example, a work’s title is recorded in field 245,
`
`the primary author of the work is recorded in field 100, an item’s
`
`International Standard Book Number (“ISBN”) is recorded in field
`
`020, an item’s Library of Congress call number is recorded in field
`
`050, and the publication date is recorded in field 260 under the
`
`subfield “c.” If a work is a periodical, then its publication frequency
`
`is recorded in field 310, and the publication dates (e.g., the first and
`
`last publication) are recorded in field 362, which is also referred to as
`
`the enumeration/chronology field.
`
`15. The MARC Field 040, subfield a, identifies the library or other entity
`
`that created the original catalog record for a given document and
`
`transcribed it into machine readable form. The MARC Field 008
`
`identifies the date when this first catalog record was entered on the
`
`file. This date persists in all subsequent uses of the first catalog
`
`record, although newly-created records for the same document,
`
`separate from the original record will show a new date. It is not
`
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`unusual to find multiple catalog records for the same document,
`
`typically this is the result of the merger of RLG and OCLC.
`
`16. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is
`
`available through the Library of Congress at
`
`http://www.loc.gov/marc/bibliographic/. For example, 6XX fields are
`
`termed “Subject Access Fields.”4 Among these, for example, is the
`
`650 field; this is the “Subject Added Entry – Topical Term” field. See
`
`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a
`
`“[s]ubject added entry in which the entry element is a topical term.”
`
`Id. These entries “are assigned to a bibliographic record to provide
`
`access according to generally accepted thesaurus-building rules (e.g.,
`
`Library of Congress Subject Headings (LCSH), Medical Subject
`
`Headings (MeSH)).” Id. Thus, a researcher might discover material
`
`relevant to his or her topic by a search using the terms employed in
`
`the MARC Fields 6XX.
`
`4 See http://www.loc.gov/marc/bibliographic/bd6xx.html.
`
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`17. The 9XX fields are not part of the standard MARC 21 format.5
`
`OCLC has defined these 9XX fields for use by the Library of
`
`Congress and for internal OCLC use: 936, 938, 956, 987, 989, and
`
`994. The 955 field is used by the Library of Congress to track the
`
`progress of a new acquisition from the time it is submitted for
`
`Cataloging in Publication (CIP) review until it is published and fully
`
`cataloged and available for use within the Library of Congress. Fields
`
`901-907, 910, and 945-949 have been defined by OCLC for local use
`
`and will pass OCLC validation. Fields 905 or 910 are often used by
`
`an individual library for internal processing purposes, for example the
`
`date of cataloging and the initials of the cataloger.
`
`18. Further, MARC records include call numbers, which themselves
`
`include a classification number. For example, the 050 field is the
`
`“Library of Congress Call Number.”6 A defined portion of the
`
`Library of Congress Call Number is the classification number, and
`
`“source of the classification number is Library of Congress
`
`Classification and the LC Classification-Additions and Changes.” Id.
`
`5 https://www.oclc.org/bibformats/en/9xx.html
`
`6 See http://www.loc.gov/marc/bibliographic/bd050.html.
`
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`Thus, included in the 050 field is a subject matter classification. Each
`
`item in a library has a single classification number. A library selects a
`
`classification scheme (e.g., the Library of Congress Classification
`
`scheme just described or a similar scheme such as the Dewey Decimal
`
`Classification scheme) and uses it consistently. When the Library of
`
`Congress assigns the classification number, it appears as part of the
`
`050 field. If a local library assigns the classification number, it
`
`appears in a 090 field. In either scenario, the MARC record includes
`
`a classification number that represents a subject matter classification.
`
`19. WorldCat is the world’s largest public online catalog, maintained by
`
`the Online Computer Library Center, Inc., or OCLC, and built with
`
`the records created by the thousands of libraries that are members of
`
`OCLC. OCLC has provided bibliographic and abstract information to
`
`the public based on MARC records through its OCLC WorldCat
`
`database. WorldCat requires no knowledge of MARC tags and code
`
`and does not require a log-in or password. WorldCat is easily
`
`accessible through the World Wide Web to all who wish to search it;
`
`there are no restrictions to be a member of a particular community,
`
`etc. The date a given catalog record was created (corresponding to the
`
`MARC Field 008) appears in some detailed WorldCat records as the
`
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`Date of Entry but not necessarily all. Whereas WorldCat records are
`
`widely available, the availability of MARC formatted records varies
`
`from library to library and when made available will be identified as
`
`MARC record or librarian/staff view.
`
`20. When an OCLC member institution acquires a work, it creates a
`
`MARC record for this work in its computer catalog system in the
`
`ordinary course of its business. MARC records created at the Library
`
`of Congress were historically tape-loaded into the OCLC database
`
`through a subscription to MARC Distribution Services daily or
`
`weekly. Once the MARC record is created by a cataloger at an OCLC
`
`member institution or is tape-loaded from the Library of Congress, the
`
`MARC record is then made available to any other OCLC members
`
`online, and therefore made available to the public. Accordingly, once
`
`the MARC record is created by a cataloger at an OCLC member
`
`institution or is tape-loaded from the Library of Congress or another
`
`library anywhere in the world, any publication corresponding to the
`
`MARC record has been cataloged and indexed according to its subject
`
`matter such that a person interested in that subject matter could, with
`
`reasonable diligence, locate and access the publication through any
`
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`library with access to the OCLC WorldCat database or through the
`
`Library of Congress.
`
`21. When an OCLC member institution creates a new MARC record,
`
`OCLC automatically supplies the date of creation for that record. The
`
`date of creation for the MARC record appears in the fixed field (008),
`
`characters 00 through 05. The MARC record creation date reflects the
`
`date on which the item was first acquired or cataloged. Initially, field
`
`005 of the MARC record is automatically populated with the date the
`
`MARC record was created in year, month, day format
`
`(YYYYMMDD) (some of the newer library catalog systems also
`
`include hour, minute, second (HHMMSS)). Thereafter, the library’s
`
`computer system may automatically update the date in field 005 every
`
`time the library updates the MARC record (e.g., to reflect that an item
`
`has been moved to a different shelving location within the library).
`
`22. Once one library has cataloged and indexed a publication by creating
`
`a MARC record for that publication, other libraries that receive the
`
`publication do not create additional MARC records—the other
`
`libraries instead rely on the original MARC record. They may update
`
`or revise the MARC record to ensure accuracy, but they do not
`
`replace or duplicate it. This practice does more than save libraries
`
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`from duplicating labor. It also enhances the accuracy of MARC
`
`records. Further, it allows librarians around the world to know that a
`
`particular MARC record is authoritative (in contrast, a hypothetical
`
`system wherein duplicative records were created would result in
`
`confusion as to which record is authoritative).
`
`23. The date of creation of the MARC record by a cataloger at an OCLC
`
`member institution reflects when the underlying item is accessible to
`
`the public. Upwards of two-thirds to three-quarters of book sales to
`
`libraries come from a jobber or wholesaler for online and print
`
`resources. These resellers make it their business to provide books to
`
`their customers as fast as possible, often providing turnaround times
`
`of only a single day after publication. Libraries purchase a significant
`
`portion of the balance of their books directly from publishers
`
`themselves, which provide delivery on a similarly expedited schedule.
`
`In general, libraries make these purchases throughout the year as the
`
`books are published and shelve the books as soon thereafter as
`
`possible in order to make the books available to their patrons. Thus,
`
`books are generally available at libraries across the country within just
`
`a few weeks of publication.
`
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`B.
`
`Periodicals, Indexes, and Citation Sources
`
`1.
`
`Periodical publications.
`
`24. A library typically creates a catalog record for a periodical publication
`
`when the library receives its first issue. When the institution receives
`
`subsequent issues/volumes of the periodical, the issues/volumes are
`
`checked in (often using a date stamp), added to the institution’s
`
`holdings records, and made available very soon thereafter—normally
`
`within a few days of receipt or (at most) within a few weeks of
`
`receipt.
`
`25. The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations
`
`in title, etc.).
`
`2.
`
`Indexing
`
`26. A researcher may discover material relevant to his or her topic in a
`
`variety of ways. One common means of discovery is to search for
`
`relevant information in an index of periodical and other publications.
`
`Having found relevant material, the researcher will then normally
`
`obtain it online, look for it in libraries, or purchase it from the
`
`publisher, a bookstore, a document delivery service, or other provider.
`
`Sometimes, the date of a document’s public accessibility will involve
`
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`both indexing and library date information. Date information for
`
`indexing entries is, however, often unavailable. This is especially true
`
`for online indices. Indexing services use a wide variety of controlled
`
`vocabularies to provide subject access and other means of discovering
`
`the content of documents. The formats in which these access terms
`
`are presented vary from service to service.
`
`27. Online indexing services commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed
`
`publications, along with a list of the documents cited in the indexed
`
`publication. These services also often provide lists of publications
`
`that cite a given document. A citation of a document is evidence that
`
`the document was publicly available and in use by researchers no later
`
`than the publication date of the citing document.
`
`C. LearnTechLib
`
`28. LearnTechLib is the premiere online resource for aggregated, peer-
`
`reviewed research on the latest developments and applications in
`
`Learning and Technology by the world's leading publications and
`
`authors. LearnTechLib encompasses 30+ years and 135,000+ peer-
`
`reviewed full-text documents and abstracts of published international
`
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`journal articles, conference papers from 265,000+ leading authors and
`
`additional multimedia-rich resources.
`
`D.
`
`Science Direct:
`
`29. Science Direct is a scientific database offering journal articles and
`
`book chapters from more than 2,500 journals and almost 30,000
`
`books.
`
`IV. OPINION REGARDING INDIVIDUAL DOCUMENTS
`
`
`
`A. Document 1: Frank M. Shipman III, et al., “Using Networked
`Information to Create Educational Guided Paths,” International
`Journal of Educational Telecommunications, volume 3, number 4,
`(1997): 383-400. (Shipman)
`
`1.
`
`Authentication
`
`30. Document 1 (Shipman) is an article by Frank M. Shipman III, et al.,
`
`Using Networked Information to Create Educational Guided Paths
`
`published in the International Journal of Educational
`
`Telecommunications (IJET) in volume 3, number 4 (1997) pages 383-
`
`400
`
`31. Attachment 1A was sent to me as a scan at my request from the
`
`University of West Florida (UWF) on August 6, 2018. I have
`
`validated the authenticity of the article and the record as sent from
`
`University of West Florida. Attachment 1A includes: International
`
`Journal of Educational Telecommunications, Vol. 3, Number 4.:
`
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`

`cover; table of contents on which is stamped “Received Jan 09, 1998
`
`UWF Library Serials.” Attachment 1A also includes a scan of
`
`Document 1 (Shipman). With over forty years of professional library
`
`experience and the knowledge gained of standard practice and
`
`processes at university research libraries similar to the University of
`
`West Florida, it would be expected that an issue of a journal would be
`
`shelved within a few days to no more than a week after receipt, i.e.,
`
`Attachment 1A would have been shelved no later than January 16,
`
`1998.
`
`32. Attachment 1B is Document 1, a complete copy, downloaded by me
`
`through a link to LearnTechLib database provided through Purdue
`
`University Libraries:
`
`file:///C:/Users/jlmul/Downloads/article_15128.pdf
`
`33. Based on finding Document 1 in a library, where if authentic it would
`
`be expected to be available, and online at LearnTechLib, I conclude
`
`that Document 1 is an authentic document and that Attachments 1A
`
`and 1B are authentic copies of Document 1.
`
`2.
`
`Public Accessibility
`
`34. Attachment 1C is the WorldCat record. This record shows that the
`
`International Journal of Educational Telecommunications, in which
`
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`

`

`Document 1 was published, is held by 361 libraries world-wide as of
`
`August 2018. Subject access is possible through subject headings:
`
`Telecommunications in education – Periodicals; Internet in Education
`
`– Periodicals; and Distance Education – Periodicals. The University of
`
`West Florida is listed first as one of the libraries among the 361
`
`holding the title.
`
`35. Attachment 1D is the University of West Florida Library Catalog
`
`(OPAC) record. At the bottom of the record under heading:
`
`“Holdings” it shows that the UWF Library owns v.2-7 (1996-2001).
`
`36. Attachment 1E is the University of West Florida MARC record for
`
`Document 1. The MARC record confirms that University of West
`
`Florida subscribed to International Journal of Educational
`
`Telecommunications from volume 1, however, UWF Library has
`
`holdings starting with volume 2 only.
`
`37. Attachment 1F is a paper by Richard Furuta, et al., “Ephemeral Paths
`
`on the WWW: The Walden’s Paths Lightweight Path Mechanism” in
`
`Proceedings of WebNet World Conference on the WWW and Internet
`
`1999 (pp. 409-414). Chesapeake, VA: Association for the
`
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`

`

`Advancement of Computing in Education (AACE) In References,
`
`page 414, citation is made to Document 1.
`
`3.
`
`Conclusion
`
`38. Based on the evidence presented here it is my opinion that
`
`Document 1 is an authentic document publicly accessible to and in
`
`actual use by ordinarily skilled researchers no later than mid-January
`
`1998. I base this conclusion on the fact that Document 1 is an article
`
`published in the International Journal of Educational
`
`Telecommunications, volume 3, number 4, (1997): 383-400,
`
`received and checked into the University of West Florida Serials
`
`Department, as verified by the date stamp of January 9, 1998, along
`
`with its availability online through LearnTechLib database, which
`
`would allow interested persons exercising reasonable diligence to
`
`easily locate copies of this journal and article no later than January
`
`16, 1998.
`
`Page 23 of 133
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`

`

`
`
`B. Document 2: David Nicol, et al., “Footsteps: trail blazing the
`Web,” Computer Networks and ISDN Systems. Vol. 27 (1995):
`879-885. (Nicol)
`
`1.
`
`Authentication
`
`39. Document 2 is an article by David Nicol, et al., titled Footsteps: trail
`
`blazing the Web, published in Computer Networks and ISDN
`
`Systems, volume 27, (1995) pages 879-885.
`
`40. Attachment 2A is a scan provided to me at my request by the
`
`Wisconsin TechSearch (WTS) from the University of Wisconsin –
`
`Madison Library. Attachment 2A includes the cover of Computer
`
`Networks and ISDN Systems which has stamped on it (somewhat
`
`blurred) Wendt Engineering Library, College of Engineering, May 03,
`
`1995, UW-Madison, WI 53706. The date of May 3, 1995 would be
`
`the date the issue was checked into the system at the UW Madison
`
`Libraries. With over forty years of professional library experience
`
`and the knowledge gained of standard practice and processes at
`
`university research libraries similar to the University of Wisconsin-
`
`Madison, it would be expected that an issue of a journal would be
`
`shelved within a few days to no more than a week after receipt,
`
`therefore Document 2 would have been on the shelf no later than May
`
`Page 24 of 133
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`

`

`10, 1995. Along with the cover in Attachment 2A is a scan of the title
`
`page and the article by Nicol, et al..
`
`41. Attachment 2B is Document 2, a complete copy, downloaded by me
`
`through a link to the Science Direct database provided through Purdue
`
`University Libraries: https://www-sciencedirect-
`
`com.ezproxy.lib.purdue.edu/science/article/pii/016975529500016Z
`
`42. Based on finding Document 2 in a library, where if authentic it would
`
`be expected to be available, and online at Science Direct, I conclude
`
`that Document 2 is an authentic document and that Attachments 2A
`
`and 2B are authentic copies of Document 2.
`
`2.
`
`Public Accessibility
`
`43. Attachment 2C is the WorldCat record. This record shows that
`
`Computer Networks and ISDN Systems, in which Document 2 was
`
`published, is held by 690 libraries world-wide as of August 2018. The
`
`University of Wisconsin – Madison is listed first as one of the
`
`libraries among the 690 libraries holding the title.
`
`44. Attachment 2D is the University of Wisconsin Library Catalog
`
`(OPAC) and MARC record. To the side of the OPAC record under
`
`heading: “Library Has” it shows that the UW – Madison Libraries
`
`holds: v.27 (1994: Oct) – v.30 (1998: Dec.14) thereby including
`
`Page 25 of 133
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`

`

`Document 2. The MARC record is below the OPAC record in
`
`Attachment 2D.
`
`45. Attachment 2E is a paper by Ping-Jer Yeh, et al., “Synchronous
`
`navigation control for distance learning on the Web,” Computer
`
`Networks and ISDN Systems, volume 28, (1996): 1207 – 1218. In
`
`References, page 1218, the number 8 citation is to Document 2.
`
`3.
`
`Conclusion
`
`46. Based on the evidence presented, it is my opinion that Document 2 is
`
`an authentic document publicly accessible to and in actual use by
`
`ordinarily skilled researchers no later than May 10, 1995. I base this
`
`conclusion on the fact that Document 2 was published in the
`
`Computer Networks and ISDN Systems. Vol. 27 (1995): 879-885,
`
`received and checked-in to the Wendt Engineering Library, College of
`
`Engineering, University of Wisconsin – Madison on May 3, 1995 and
`
`that it was available online through the database Science Direct,
`
`which would have allowed those exercising reasonable diligence to
`
`readily locate a copy of Document 2.
`
`Page 26 of 133
`
`

`

`V.
`
`CONCLUSION
`
`4 7.
`
`I reserve the right to supplement my opinions in the future to respond
`
`to any arguments that Patent Owner or its expert(s) may raise and to
`
`take into account new information as it becomes available to me.
`
`48.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to
`
`be true, and that these statements were made with the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United
`
`States Code.
`
`Executed this 9th day of August 2018 in Williamsburg, Virginia
`
`Jam es L. Mullins, PhD
`
`A-24
`
`Page 27 of 133
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`

`

`ATTACHMENT1A
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`
`Page 28 of 133
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`Page 28 of 133
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`

`

`website: http://www.aace.org
`
`Fax: (804) 978-7449; Email: AACE@virginia.edu. Copyright 1997 AACE.
`
`Publisher: AACE, PO Box 2966, Charlollesville, YA 22902, USA. (804) 973-3987
`
`$20 plus shipping fee per book of $2.~S; $3.50-Canada/Mexico, and $4.50 elsewhere.
`add: $10 per joll'nal for postage. us fund>, international money 01der, Visa, a I.e. Single cqiy price
`individuals; S95 schools. libraries, and olher instilulions. Annual non-US membershiplsubsaiption rates,
`international, educational, nonprofit organization. Amual US membefshiplsubscripbon rates: $75
`quarterly by the Associalion for !he Advancement of Computing in Educalion (AA