UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`
`VLSI TECHNOLOGYLLC,
`Patent Owner.
`
`
`
`IPR2019-01196
`US. Patent 7,246,027
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`INTEL 1018
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`
`VLSI TECHNOLOGYLLC,
`Patent Owner.
`
`
`
`IPR2019-01196
`US. Patent 7,246,027
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`INTEL 1018
`
`
`
`U.S. Patent 7,246,027
`
`I, Dr. James L. Mullins, declare as follows:
`
`L;
`
`2.
`
`My nameis Dr. James L. Mullins.
`
`I have been retained by petitioner Intel Corporation (“Intel”) in the
`
`above-captioned infer partes review relating to U.S. Patent 7,246,027 to provide
`
`opinions on various documents.
`
`I.
`
`INTRODUCTION
`
`3.
`
`My career as a professional and academic/research spanned more than
`
`44 years including library positions at Indiana University, Villanova University,
`
`Massachusetts Institute of Technology, and Purdue University. Appendix A is a true
`
`and correct copy of my curriculum vitae describing my background and experience.
`
`4.
`
`In 2018,
`
`I
`
`founded the firm Prior Art Documentation Librarian
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`Services, LLC, located at 106 Berrow, Williamsburg, VA 23188 after purchasing
`
`the intellectual property of and successor to Prior Art Documentation, LLC located
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`at 711 South Race Street, Urbana, IL 61801. Further information about my firm,
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`Prior Art Documentation Librarian Services, LLC (PADLS),
`
`is available at
`
`www.priorartdoclib.com.
`
`5.
`
`I have beenretained by Intel to offer my opinion on the authenticity and
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`dates of public accessibility of various documents. Forthis service, I am being paid
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`my usual hourly fee of $225.00.
`
`I have no stake in the outcome ofthis proceeding
`
`
`
`US. Patent 7,246,027
`
`or any related litigation or administrative proceedings, and my compensation in no
`
`way dependson the substance of my testimony or the outcomeofthis proceeding.
`
`Il.
`
`QUALIFICATIONS
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`6.
`
`I received a Bachelor of Arts degree in History, Religion and Political
`
`Science in 1972 as well as a Master of Arts degree in Library Science in 1973 from
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`the University of Iowa.
`
`I received my Ph.D. in Academic Library Management in
`
`1984 from Indiana University. Over the past forty four years, I have held various
`
`positions in the field of library and information sciences.
`
`Te
`
`I am presently Dean of Libraries Emeritus and Esther Ellis Norton
`
`Professor Emeritus at Purdue University, and have been since January 1, 2018.
`
`I
`
`have been previously employed as follows:
`
`e Dean of Libraries and Professor and Esther Ellis Norton Professor,
`
`Purdue University, West Lafayette, IN (2004-2017)
`
`e Assistant/Associate Director
`
`for Administration, Massachusetts
`
`Institute of Technology (MIT) Libraries, Cambridge, MA
`
`(2000-2004)
`
`e University Librarian and Director, Falvey Memorial Library,
`
`Villanova University, Villanova, PA (1996-2000)
`
`e Director of Library Services, Indiana University South Bend, South
`
`Bend, IN (1978-1996)
`
`
`
`U.S. Patent 7,246,027
`
`e Part-time Instructor, School of Library and Information Science,
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`Indiana University, Bloomington, IN (1979-1996)
`
`e Associate Law Librarian, and associated titles, Indiana University
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`School of Law, Bloomington, IN (1974-1978)
`
`e Catalog Librarian, Assistant Professor, Georgia Southern College
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`(now University), Statesboro, GA (1973-1974)
`
`8.
`
`Iam a memberof the American Library Association (“ALA”), where I
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`served as the chair of the Research Committee of the Association of College and
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`Research Libraries (“ACRL”). My service to ALA includedservice on the editorial
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`board of the most prominentlibrary journal, Co//ege and Research Libraries.
`
`1 also
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`served on the Standards Committee, College Section of the Association of College
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`and Research Libraries, where I was instrumental in developing a re-issue of the
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`Standards for College Libraries in 2000.
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`9.
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`I am an author of numerouspublicationsin the field of library science,
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`and have given presentations in library sciences at national and international
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`conferences. During more than 44 years as an academiclibrarian and library science
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`scholar, I have gained extensive experience with catalog records and online library
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`management systems (LMS)built using Machine-Readable Cataloging (“MARC”)
`
`standards. As an academic library administrator, I have had responsibility to ensure
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`that students were educated to identify, locate, assess, and integrate information
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`
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`US. Patent 7,246,027
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`garnered from research library resources.
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`I have also facilitated the research of
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`faculty colleagues either directly or through the provision of and access to the
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`requisite print and/or digital materials and services at the universities where I
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`worked.
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`10.
`
`Based on my experience identified above and detailed in my curriculum
`
`vitae, which is attached hereto as Appendix A, I consider myself to be an expert in
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`the field of library science and academic library administration.
`
`I have previously
`
`offered my opinionson the public availability and authenticity of documents in over
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`40 cases. I have been deposed in onecase.
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`Ill. BACKGROUND ON PUBLIC ACCESSIBILITY
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`A.—Scope of This Declaration
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`11.
`
`I am not a lawyer, and I am not rendering an opinion on the legal
`
`question of whethera particular documentis, or is not, a “printed publication” under
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`the law.
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`I am, however, rendering my expert opinion on the authenticity of the
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`documentreferenced herein and when and how this document was disseminated or
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`otherwise made available to the extent that persons interested and ordinarily skilled
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`in the subject matter or art, exercising reasonable diligence, could have located the
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`document.
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`12.
`
`Iam informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is whatit is claimed to be. I
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`
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`US. Patent 7,246,027
`
`am also informed that authenticity can be established based on the contents of the
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`documentitself, such as the appearance, content, substance, internal patterns, or
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`other distinctive characteristics of the item.
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`13.
`
`Iam informed by counsel that a given reference qualifies as “publicly
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`accessible” if it was disseminated or otherwise made available such that a person
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`interested in and ordinarily skilled in the relevant subject matter could locate it
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`through the exercise of ordinary diligence.
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`14. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication,
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`I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed bya library such that a person
`
`interested in the relevant subject matter could locate it (Ze.,
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`I understand that
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`cataloging and indexing bya library is sufficient, though there are other ways that a
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`printed publication may qualify as “publicly accessible’). One mannerofsufficient
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`indexing is indexing according to subject matter.
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`I understandthat it is not necessary
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`to prove someoneactually looked at the printed publication in order to show it was
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`publicly accessible by virtue of a library’s cataloging and indexing thereof.
`
`I
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`understand that cataloging and indexing by a single library of a single instance of a
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`particular printed publication is sufficient.
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`I understand that, even if access to a
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`library is restricted, a printed publication that has been cataloged and indexed therein
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`
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`US. Patent 7,246,027
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`is publicly accessible so long as a presumptionis raised that the portion of the public
`
`concerned with the relevant subject matter would know ofthe printed publication.
`
`I
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`also understand that the cataloging and indexing of information that would guide a
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`person interested in the relevant subject matter to the printed publication, such as the
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`cataloging and indexing of an abstract for the printed publication, is sufficient to
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`renderthe printed publication publicly accessible.
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`15.
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`I understand that evidence showing the specific date when a printed
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`publication became publicly accessible is not necessary. Rather, routine business
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`practices, such as general library cataloging and indexing practices, can be used to
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`establish an approximate date on which a printed publication became publicly
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`accessible.
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`B.
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`Person of Ordinary Skill in the Art
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`16.
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`In forming the opinions expressed in this declaration, I have reviewed
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`the documents and appendices referenced herein. These materials are records
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`created in the ordinary course of business by publishers, libraries, indexing services,
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`and others. From myyears of experience, I am familiar with the process for creating
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`many of these records, and I know that these records are created by people with
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`knowledge of the information contained within the record. Further, these records
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`are created with the expectation that researchers and other members of the public
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`will use them. All materials cited in this declaration and its appendicesare of a type
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`U.S. Patent 7,246,027
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`that experts in my field would reasonably rely upon andrefer to in forming their
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`opinions.
`
`17.
`
`I have been informed by counsel
`
`that the subject matter of this
`
`proceeding relates to integrated circuits and computer architecture, including, for
`
`example, determining an adjustment signal for a power supply voltage.
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`18.
`
`Ihave been informed by counselthat a “person of ordinary skill in the
`
`art at the time of the inventions” (POSITA)is a hypothetical person who is presumed
`
`to be familiar with the relevant field andits literature at the time of the inventions.
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`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinentfield.
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`19.
`
`I have been informed by counsel that persons of ordinary skill in this
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`subject matter or art would have included someonewith at least a master’s degree in
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`electrical engineering or computer engineering, plus at least two years of experience
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`in integrated circuit design, or alternatively a bachelor’s degree in one ofthosefields
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`plus at least four years of experience in integrated circuit design.
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`20.
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`It is my opinion that such a person would have been actively engaged
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`in academic research and learning through study and practice in the field, and
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`possibly through formal instruction through the bibliographic resources relevant to
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`his or her research. By the 2000s, such a person would have had access to a vast
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`
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`U.S. Patent 7,246,027
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`array of print resources, including at least the documents referenced below,as well
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`as to a fast-changing set of online resources.
`
`C.
`
`21.
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`Library Catalog Records and Other Resources
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`Some background on MARC (Machine-Readable Cataloging)
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`formatted records, OCLC, and WorldCatis helpful to understandthe library catalog
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`records discussed in this declaration.
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`I am fully familiar with the library cataloging
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`standard known as the MARCstandard, whichis an industry-wide standard method
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`of storing and organizing library catalog information.! MARCpractices have been
`
`consistent since the MARC format was developed by the Library of Congressin the
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`1960s, and by the early 1970s became the U.S. national standard for disseminating
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`bibliographic data. By the mid-1970s, MARC format became the international
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`standard, and persists through the present. A MARC-compatible library is one that
`
`has a catalog consisting of individual MARCrecords for each of its items. The
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`underlying MARC format (computer program) underpins the online public access
`
`catalog (OPAC)that is available to library users to locate a particular holding of a
`
`library. Today, MARCis the primary communications protocol for the transfer and
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`' The full
`
`text of the standard is available from the Library of Congress at
`
`http://www.loc.gov/marce/bibliographic/.
`
`
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`U.S. Patent 7,246,027
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`storage of bibliographic metadata in libraries.7 The MARCpractices discussed
`
`below were in place during the late 1990s time frame relevant to the documents
`
`referencedherein.
`
`22.
`
`Online Computer Library Center (OCLC) is a not-for-profit worldwide
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`consortium oflibraries. Similar to MARC standards, OCLC’s practices have been
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`consistent since the 1970s through the present. Accordingly, the OCLC practices
`
`discussed below were in place during the time frame discussed in my opinions
`
`section. OCLC wascreated “to establish, maintain and operate a computerized
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`library network and to promote the evolution oflibrary use, of libraries themselves,
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`and oflibrarianship, and to provide processes and products for the benefit oflibrary
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`* Almost every majorlibrary in the world uses a catalog that is MARC-compatible.
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`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
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`https://Awww.loc.gov/marc/fag.html (last visited Jan. 24, 2018) (“MARCis the
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`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
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`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARCis the ANSI/NISO Z39.2-1994 (reaffirmed
`
`2009) standard for Information Interchange Format.
`
`9
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`US. Patent 7,246,027
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`users and libraries, including such objectives as increasing availability of library
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`resources to individual library patrons and reducing the rate of rise of library per-
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`unit costs, all for the fundamental public purpose of furthering ease of access to and
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`use of the ever-expanding body of worldwide scientific, literary and educational
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`knowledge and information.”? Among other services, OCLC and its members are
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`responsible for maintaining the WorldCat database (http://www.worldcat.org/), used
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`by libraries throughout the world.
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`23.
`
`Libraries worldwide use the machine-readable MARC format for
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`catalog records. MARC-formatted records include a variety of subject access points
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`based on the content of the document being cataloged. A MARCrecord for a
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`particular work comprises several fields, each of which contains specific data about
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`the work. Each field is identified by a standardized, unique, three-digit code
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`corresponding to the type of data that follows. For example, a work’s title is
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`recorded in field 245, the primary author of the work is recorded in field 100, a
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`work’s International Standard Book Number(“ISBN”) is recorded in field 020, and
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`the work’s Library of Congress call number (assigned by Library of Congress) is
`
`> Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library
`
`Center,
`
`Inc.,
`
`Revised November
`
`30,
`
`2016
`
`(available
`
`at
`
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf.
`
`10
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`U.S. Patent 7,246,027
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`recorded in field 050. Some fields can contain subfields, which are indicated by
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`letters. For example, a work’s publication date is recorded in field 260 under the
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`subfield “c.”
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`24.
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`The MARCField 040, subfield “a,” identifies the library or other entity
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`that created the catalog record in the MARC format. The MARCField 008identifies
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`the date when this first MARC record wascreated.
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`25.
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`MARCrecords also include several fields that include subject matter
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`classification information. An overview of MARCrecordfields is available through
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`the Library of Congress at http:/(www.loc.gov/marc/bibliographic/. For example,
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`6XXfields are termed “Subject Access Fields.”* Amongthese, for example, is the
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`650 field;
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`this
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`is
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`the “Subject Added Entry — Topical Term” field.
`
`See
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`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a “[s]ubject
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`added entry in which the entry elementis a topical term.” Jd. The 650 field entries
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`“are assigned to a bibliographic record to provide access according to generally
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`accepted thesaurus-building rules (e.g., Library of Congress Subject Headings
`
`(LCSH), Medical Subject Headings (MeSH)).” Jd. Thus, a researcher can easily
`
`discover material relevant to a topic of interest with a search using the terms
`
`employed in the MARCFields 6XX.
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`4 See http://www.loc.gov/mare/bibliographic/bd6xx.html.
`
`1]
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`
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`U.S. Patent 7,246,027
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`26.
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`Further, MARC records include call numbers, which themselves
`
`include a classification number. For example, the 050 field is dedicated as the
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`“Library of Congress Call Number’? as assigned by the Library of Congress. A
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`defined portion of the Library of Congress Call Numberis the classification number,
`
`and “[t]he
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`source of
`
`the
`
`classification number
`
`is Library of Congress
`
`Classification and the LC Classification-Additions and Changes.”
`
`Id.
`
`Thus,
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`included in the 050 field is a subject matter classification. As an example:
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`TK5105.59 indicates books on computer networks — security measures. When a
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`local library assigns a classification number, most often a Library of Congress
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`derived classification numbercreated by a local library catalogeror it could it could
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`be a Dewey Decimalclassification number for example, 005.8, computer networks
`
`— security measures, it appears in the 090 field. In either scenario, the MARCrecord
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`includes a classification numberin the call numberfield that represents a subject
`
`matter classification.
`
`27. WorldCat is the world’s largest public online catalog, maintained by
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`the OCLC, a not-for-profit international
`
`library consortium, and built with the
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`records created by the thousands oflibraries that are members of OCLC. OCLC
`
`provides bibliographic and abstract information to the public based on MARC-
`
`> See http://www.loc.gov/mare/bibliographic/bd050.html.
`
`12
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`U.S. Patent 7,246,027
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`compliant records through its OCLC WorldCat database. WorldCat requires no
`
`knowledge of MARCtags and code and does not require a login or password.
`
`WorldCatis easily accessible through the World Wide Webto all who wish to search
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`it; there are no restrictions to be a memberofa particular community, etc. The date
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`a given catalog record was created (corresponding to the MARCField 008) appears
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`in some detailed WorldCat records as the Date of Entry but not necessarily all.
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`WorldCat does not provide a view of the underlying MARCformat for a specific
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`WorldCat record.
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`In order to see the underlying MARC format the researcher must
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`locate the book in a holding library listed among those shown in WorldCat, and
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`search the online public catalog (OPAC) of a holding library. Whereas WorldCat
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`records are widely available, the availability of library specific MARC formatted
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`records varies from library to library. When a specific library wishes to make the
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`underlying MARC formatavailable there will be a link from the library’s OPAC
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`display, often identified as a MARCrecordorlibrarian/staff view.
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`28. When a MARCrecord is created by the Library of Congress or an
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`OCLC memberinstitution, the date of creation for that record is automatically
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`populated in the fixed field (008), with characters 00 through 05 in year, month, day
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`13
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`U.S. Patent 7,246,027
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`format (YYMMDD).° Therefore, the MARC record creation date reflects the date
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`on whichthe publication associated with the record wasfirst cataloged. Thereafter,
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`the local library’s computer system may automatically update the date in field 005
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`every time the library updates the MARCrecord (e.g., to reflect that an item has
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`been movedto a different shelving location within the library, or a reload of the
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`bibliographic data with the introduction of a new library management system that
`
`creates and manages the OPAC).
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`D. Monograph Publications
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`29. Monograph publications are written on a single topic, presented at
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`length and distinguished from an article and include books, dissertations, and
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`technical reports. A library typically creates a catalog record when the monograph
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`is acquired by the library. First, it will search OCLC to determineif a record has
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`already been created by the Library of Congress or another OCLCinstitution. Ifa
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`record is found in OCLC, the record is downloadedinto the library’s LMS(Library
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`ManagementSystem)that includes typically the OPAC (online public access catalog
`
`by whichresearchers locate a particular library holding in a user-friendly format),
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`acquisitions, cataloging, and circulation integrated functions. Once the item is
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`° Some of the newerlibrary catalog systems also include hour, minute, second
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`(HHMMSS).
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`14
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`
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`downloaded into the library’s LMS, the library adds its identifier to the OCLC
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`database so whenasearch is completed on WorldCat, the library will be indicated
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`U.S. Patent 7,246,027
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`as an ownerofthe title. Once a record is created in a Library’s LMS, it is searchable
`
`and viewable through the library’s OPAC, typically by author, title, and subject
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`heading, at that library and from anywhere in the world through the internet by
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`accessing that library’s OPAC. The OPACalso connects with the circulation
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`function of the library, which typically indicates whether the record is available, in
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`circulation,
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`etc., with
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`its
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`call
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`number
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`and
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`location
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`in
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`a_
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`specific
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`departmental/disciplinary library,
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`if applicable. The OPAC not only provides
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`immediate bibliographic access on-site,
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`it also facilitates the interlibrary loan
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`process, which is when onepublication is loaned from onelibrary to another.
`
`E.
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`Periodicals
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`30.
`
`A library typically creates a catalog record for a periodical publication
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`whenthe library receivesits first issue. When the institution receives subsequent
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`issues/volumesof the periodical, the issues/volumes are checked in (often using a
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`date stamp), addedto the institution’s holding records, and made available very soon
`
`thereafter — normally within a few days of receipt or (at most) within a few weeks
`
`of receipt.
`
`31.
`
`Theinitial periodicals record will sometimesnotreflect all subsequent
`
`changes in publication details (including minorvariationsin title, frequency,etc.).
`
`15
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`U.S. Patent 7,246,027
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`F.
`
`Ownership and date stamp
`
`32.
`
`Every library has a different practice or policy on whetherornotto date
`
`stamp, butall will have an ownership stamp somewhere1n the book. The ownership
`
`stamp typically appears, on the cover page, verso of the cover page, or a designated
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`page within the book, sometimes even on the top, side, or bottom edge of the
`
`monograph or periodical. The ownership and date stamp can also vary from one
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`library to another whenthe stamp is entered on the monographorperiodical. It could
`
`occur when received in acquisitions after shipment to the library, or it could beat
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`time ofcataloging.
`
`G.
`
`33.
`
`Indexing
`
`A researcher may discover material relevant to his or her topic in a
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`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 forit in libraries, or
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`purchase it from the publisher, a bookstore, a documentdelivery service, or other
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`provider. Sometimes, the date of a document’s public accessibility will involve both
`
`indexing andlibrary date information. Date information for indexing entries 1s,
`
`however, often unavailable. This is especially true for online indices.
`
`16
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`U.S. Patent 7,246,027
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`34.
`
`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 serviceto service.
`
`35.
`
`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 providelists
`
`of publications that cite a given document. A citation of a documentis evidencethat
`
`the document was publicly available and in use by researchers no later than the
`
`publication date of the citing document.
`
`36.
`
`IEEE Xplore —TheInstitute of Electrical and Electronics Engineersis
`
`the world’s largest organization for the advancement of technology with some
`
`430,000 members in 160 countries. Known by its acronym IEEE,it has created a
`
`database, IEEE Xplore, that provides accessto its hundreds of publications and those
`
`of it publishing partners. This include the content of over 170 journals, more than
`
`1,400 conference proceedings, some 5,100 technical standards, 2,000 ebooks and
`
`400 educational courses.
`
`In all, more than three million documents, dating from
`
`1872 on, are searchable and available for purchase either through subscription or
`
`individually. Many of these records are accessible via Google Scholar.
`
`17
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`US. Patent 7,246,027
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`37.
`
`SpringerLink — The service provides researchers with access to
`
`millions of scientific documents
`
`
`
`from journals, books, series, protocols,
`
`reference works and proceedings. https://link.springer.com/.
`
`38.
`
`ProQuest Ebook Central — This credible content from authoritative,
`
`scholarly sources, Ebook Central delivers, with breadth and depth of ebooks from
`
`scholarly sources, including University Presses and other top publishers.
`
`39.
`
`Funkschau — Foundedin 1929, Funkschauin its early days was a sheet
`
`for technically interested radio listeners and electronics hobbyists and transformed
`
`from the late 1940s to the 1980s to a trade journal for the radio and television
`
`retailers.
`
`It offered retailers a practical overview of current and upcoming
`
`technologies. http://www.funkschau.de/.
`
`40.
`
`Google Scholar — This web search engine indexesfull text or metadata
`
`of scholarly literature, covering numerous formats and disciplines. The size of the
`
`databaseis not published by Google, but researchers have estimated that it contained
`
`approximately 160 million items in 2014. (See Oduna-Malea, Enrique, Ayllon, Juan
`
`Manuel, Martin-Martin, Alberto, Delgado Lopez-Cozar, Emilio “About the size of
`
`Google Scholar: playing the numbers”, Jul 2014. Scientometrics, 104(3), pp 1-43,
`
`https://arxiv.org/ftp/arxiv/papers/1407/1407.6239.pdf.) The database is not limited
`
`by type of publication, and includesdissertations, prepublication materials, technical
`
`18
`
`
`
`US. Patent 7,246,027
`
`reports, patents and more. Google Scholaris similar to many subscription databases,
`
`e.g., Scopus and Webof Sciencein its broad subject coverage.
`
`41. Wisconsin TechSearch (WTS) — WTSis a set of services offered by
`
`the University of Wisconsin Libraries. WTS offers an array ofarticle delivery and
`
`research services to any individual or organization who requests the specialized
`
`skills of WTSstaff in locating and retrieving information, regardless of whether the
`
`individualis affiliated with the University of Wisconsin.
`
`IV. OPINION AND~~PUBLICREGARDING AUTHENTICITY
`
`
`ACCESSIBILITY
`
`
`
`A.
`
`Ex. 1014: M. Morris Mano. Digital Logic and Computer Design.
`Prentice-Hall, Inc., 1979. 612 pages. (“Mano”)
`
`1.
`
`Authentication
`
`42.
`
`I have been asked to opine on Digital Logic and Computer Design
`
`(“Mano”). Mano is a book authored by M. Morris Manopublished by Prentice Hall,
`
`Inc., in 1979.
`
`It contains, in 612 pages, 13 Chapters, Appendix, and Index.
`
`43.
`
`I have evaluated the Mano reference in two ways:
`
`(1) by assessing
`
`scans of a copy of Mano (Ex. 1014), provided by counsel, owned by the Library of
`
`Congress; (2) by assessing scans of a print copy held by the Cornell University
`
`Libraries provided to me at my request through Wisconsin TechSearch (WTS).
`
`44.
`
`Ex. 1014, provided by counsel, is a scan of parts of a copy of Mano
`
`including, the cover, inside front cover with stamp of the Library of Congress, title
`
`page, verso ofthe title page (copyright) with handwritten call number: “TK7888.3
`19
`
`
`
`U.S. Patent 7,246,027
`
`.M345 Copy 2”; Contents; pages 1-4, and back cover with inventory barcode from
`
`the copy held by the Library of Congress.
`
`45.
`
`All identifying characteristics, such as stamps and notations, on Ex.
`
`1014, are consistent with library practice and procedure that I have observed during
`
`my career as a professional librarian, specifically with those items held by the
`
`Library of Congress. I have no cause for concern aboutthe authenticity or accuracy
`
`of these identifying attributes.
`
`In addition, Mano was found within the custody of a
`
`library, the Library of Congress, one of the mostlikely locations for an authentic
`
`publication to be located.
`
`46.
`
`Attachment 1014A includes scans provided to me at my request
`
`through Wisconsin TechSearch (WTS) on June 18, 2019 from a copy of Mano held
`
`by the Cornell University Libraries. Ex. 1014A includes scans of Mano: cover;
`
`flyleaf inside front cover with stamp of “Cornell University Libraries, Ithaca, N.Y.
`
`Engineering Library,” inventory barcode of “Cornell University Library,” stamp that
`
`reads “ENGR. LIBR. JUN 17 1996”, date due slip with various dates with earliest
`
`ones: FEB 26, 1997, Aug 24, 1997, SEP 7, 1999, etc.; flyleaf with call number “Engr
`
`TK7888.3.M345x 1979”; title page; verso oftitle page (copyright page) with stamp
`
`of “Cornell University Libraries, Ithaca, N.Y.”; and Contents. All
`
`identifying
`
`characteristics, such as stamps and notations, on Ex. 1014A are consistent with
`
`library practice and procedure that
`
`I have observed during my career as a
`
`20
`
`
`
`US. Patent 7,246,027
`
`professionallibrarian. I have no cause for concern about the authenticity or accuracy
`
`of these identifying attributes.
`
`In addition, Mano was found within the custody of a
`
`library, the Cornell University Engineering Library, one of the mostlikely locations
`
`for an authentic publication to be located.
`
`47.
`
`After comparison between Attachment 1014A and the corresponding
`
`pages of Ex. 1014, I found no difference between the two. Therefore, upon finding
`
`Manoin libraries, the Library of Congress and the Cornell University Libraries, I
`
`have determined that Ex. 1014, Mano is an authentic document.
`
`48.
`
`Iconclude and affirm that Mano, Ex. 1014, is an authentic document.
`
`2.
`
`Public Accessibility
`
`49.
`
`Attachment 1014B is a true and correct copy of the WorldCat entry for
`
`Mano.
`
`I obtained Attachment 1014B by completing a search on WorldCat on June
`
`18, 2019.
`
`50.
`
`Attachment 1014B showsthat Mano is the document associated with
`
`this WorldCat entry, as verified by the author: M. Morris Mano; title: Digital Logic
`
`and Computer Design; publisher and publication date: Prentice-Hall in 1979; and
`
`ISBN: 0132145103.
`
`51. Mano could have been located by searching for the author — M. Morris
`
`Mano; title: Digital Logic and Computer Design; or by searching the subject
`
`headings: Electronicdigital computers; Logic circuits; Digital integrated circuits;
`
`21
`
`
`
`U.S. Patent 7,246,027
`
`as well as the subject headingslisted toward the bottom ofthe entry including: Logic
`
`design.
`
`52. When I searched WorldCat for holdings of Mano in the District of
`
`Columbia, the Library of Congress was third on the list among the 395 libraries
`
`shown as holding Mano worldwide. When I searched in the State of New York,
`
`Cornell University Library was eleventh on the list among the 395 libraries shown
`
`as holding Mano worldwide.
`
`53.
`
`The searches discussed above could have been performed anywhere in
`
`the world by anyone who accessed WorldCatandits predecessor database through
`
`an OCLC memberlibrary in the 1990s through today.
`
`54.
`
`Attachment 1014C is a download I made from the Library of Congress
`
`OPAC(online catalog) on June 18, 2019. The documentcatalogedin this record is
`
`Manoasverified by the fieldslisting the author: M. Morris Mano; title: Digital Logic
`
`and Computer Design; publisher and publication date: Prentice-Hall in 1979; and
`
`ISBN: 0132145103.
`
`I compared the Library of Congress Classification (call
`
`number): TK7888.3.M345 with that shown on the copyright page of Ex. 1014, and
`
`it is the same on both with the exception of the designation of Copy 2, whichis
`
`shown elsewhere in the OPACrecord.
`
`53.
`
`Manocould have been located in the Library of Congress OPAC
`
`by searching for the author: M. Morris Mano; title: Digital Logic and Computer
`
`22
`
`
`
`U.S. Patent 7,246,027
`
`Design; or by searching the subject headings: Electronic digital computers; Logic
`
`circuits; Digital integrated circuits; and/or Logic design.
`
`56.
`
`Attachment 1014D is the MARCrecord I downloaded from the Library
`
`of Congress OPAC on June 18, 2019. The MARCformat provides information
`
`about the processing of Mano bythe Library of Congress. The MARC 955 field is
`
`not appearing on the Library of Congress MARC record for Mano. The MARC
`
`005 and MARC 008 fields provide dates of the processing and cataloging of Mano
`
`by the Library of Congress. As discussed above, the MARC 005 field is the field
`
`used by the cataloging library (in this case Library of Congress) when it waslast
`
`processed, cataloged or possibly had a change in location or designation. The
`
`MARC005 field on this record for Man
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