IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`In re Inter Partes Review of:
`)
`
`U.S. Patent No. 6,926,670
`)
`
`Issued: August 09, 2005
`)
`
`Application No.: 10/054,330
`)
`
`Filing Date: January 22, 2002
`)
`
`
`
`For: Wireless MEMS Capacitive Sensor for Physiologic Parameter
`Measurement
`__________________________________________________________________
`DECLARATION OF INGRID HSIEH-YEE, Ph.D.
`
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of
`
`Abbott Laboratories for Inter Partes Review (“IPR”) of U.S. Patent No. 6,926,670
`
`(“’670 patent”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`
`
`INTRODUCTION
`A. Qualifications And Professional Experience
`3. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae, a copy of which is provided as Exhibit 1023. The
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`1
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`Abbott
`Exhibit 1022
`Page 001
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`
`
`In re Inter Partes Review of:
`)
`
`U.S. Patent No. 6,926,670
`)
`
`Issued: August 09, 2005
`)
`
`Application No.: 10/054,330
`)
`
`Filing Date: January 22, 2002
`)
`
`
`
`For: Wireless MEMS Capacitive Sensor for Physiologic Parameter
`Measurement
`__________________________________________________________________
`DECLARATION OF INGRID HSIEH-YEE, Ph.D.
`
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of
`
`Abbott Laboratories for Inter Partes Review (“IPR”) of U.S. Patent No. 6,926,670
`
`(“’670 patent”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`
`
`INTRODUCTION
`A. Qualifications And Professional Experience
`3. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae, a copy of which is provided as Exhibit 1023. The
`
`
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`1
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`Abbott
`Exhibit 1022
`Page 001
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`following is a brief summary of my relevant qualifications and professional
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`experience.
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`4.
`
`I am currently a Professor in the Department of Library and Information
`
`Science at the Catholic University of America. I have experience working in an
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`academic library, a medical library, and a legislative library and have been a
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`professor for more than 25 years. I hold a Ph.D. in Library and Information Studies
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`from the University of Wisconsin-Madison and a Masters in Library and Information
`
`Studies from the University of Wisconsin-Madison.
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`5.
`
`I am an expert on library cataloging and classification and have
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`published two books on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000, 2006). I teach a variety of courses,
`
`including Cataloging and Classification, Advanced Cataloging and Classification,
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`Organization of Internet Resources, Organization of Information, Digital Content
`
`Creation and Management, Internet Searches and Web Design, Information Literacy
`
`Instruction, Advanced Information Retrieval and Analysis Strategies, and The
`
`Information Professions in Society. My research interests cover cataloging and
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`classification,
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`information organization, metadata,
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`information
`
`retrieval,
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`information architecture, digital collections, scholarly communication, user
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`interaction with information systems, and others.
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`Abbott
`Exhibit 1022
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`6.
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`I am fully familiar with a library cataloging encoding standard known
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`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
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`became the national standard for sharing bibliographic data in the United States by
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`1971 and the international standard by 1973. MARC is the primary communications
`
`protocol for the transfer and storage of bibliographic metadata in libraries. Experts
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`in my field would reasonably rely upon MARC records when forming their opinions.
`
`7.
`
`A MARC record comprises of several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follows. Appendix 1 is a
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`copy of Parts 7 to 10 of “Understanding MARC Bibliographic: Machine-Readable
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`Cataloging” (http://www.loc.gov/marc/umb/) from the Library of Congress that
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`explains commonly used MARC fields. For example, the personal author of the
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`work is recorded in Field 100, the title is recorded in Field 245, publisher information
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`is recorded in Field 260, the physical volume and characteristics of a publication are
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`recorded in Field 300, and topical subjects are recorded in the 650 fields.
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`8.
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`The Online Computer Library Center (OCLC)
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`is
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`the
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`largest
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`bibliographic network of the world, with more than 447 million records and more
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`than 16,964 member institutions (many of which are libraries of some type) in 122
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`countries. According to the “Third Article, Amended Articles of Incorporation of
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`OCLC Online Computer Library Center, Inc.,” OCLC was created “to establish,
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`maintain and operate a computerized library network and to promote the evolution
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`of library use, of libraries themselves, and of librarianship, and to provide processes
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`and products for the benefit of library users and libraries, including such objectives
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`as increasing availability of library resources to individual library patrons and
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`reducing the rate of rise of library per-unit costs, all for the fundamental public
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`purpose of furthering ease of access to and use of the ever-expanding body of
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`worldwide scientific, literary and educational knowledge and information.” The
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`Third Article, Amended Articles of Incorporation of OCLC Online Computer
`
`Library Center, Inc. was last revised on November 30, 2016 and is available at
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`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf
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`(presented as Appendix 7).
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`9.
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`OCLC members can contribute original cataloging records in MARC
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`to the system or derive cataloging records from existing records, an activity referred
`
`to as “copy cataloging.” When an OCLC participating institution acquires a work,
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`it can create an original MARC record for this work in OCLC’s Connexion system
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`(a system for catalogers to create and share MARC records), and the system will
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`automatically generate a code for the date of record creation in the yymmdd format,
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`and the creating library’s OCLC symbol is recorded in subfield |a of the 040 field.
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`Once the MARC record is in Connexion, it becomes available to other OCLC
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`members for adoption to their local online catalogs (i.e., copy cataloging).
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`10. After a MARC record is created in Connexion, it also becomes
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`searchable and viewable on WorldCat, which is a web portal to more than 10,000
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`libraries worldwide. The record in WorldCat, however, is not presented in MARC
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`fields. Instead, the data elements are labeled to help users interpret the record. Thus,
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`the information stored in MARC records in Connexion is available to the interested
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`public through the user-friendly WorldCat web portal.
`
`11. WorldCat (http://www.worldcat.org) is “the world’s largest network of
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`library content and services” and its features are summarized in “What is WorldCat”
`
`(http://www.worldcat.org/whatis/default.jsp). Through WorldCat, users can search
`
`for information in their local libraries and libraries around the world. WorldCat
`
`allows users to search for books, CDs, videos, and many new types of digital content,
`
`such as audiobooks, in many languages. Users can also retrieve research materials
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`and article citations with links to their full text. After an item is retrieved, WorldCat
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`helps users identify a library nearby that holds the item or all the libraries that hold
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`the item. WorldCat is an efficient way to explore the content held by more than
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`10,000 libraries around the world. WorldCat is publicly accessible, and there is no
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`fee to perform a search on WorldCat.
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`12. Library online catalogs are based on MARC records that represent their
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`collections in order to help the public understand what materials are publicly
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`accessible in those libraries. Most libraries with online catalogs have made their
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`catalogs freely available on the Web. These online catalogs offer user-friendly
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`search interfaces. Strong user interest in keyword searches and the popularity of
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`Google have led to the “googlization” of library search systems. As a result, many
`
`library catalogs now provide a single search box for users to conduct keyword
`
`searches, with additional support for searches by author, title, subject terms, and
`
`other data elements such as ISBN (International Standard Book Number). Library
`
`catalogs these days also offer features for users to narrow their search results by
`
`language, year, format, and other elements. Many libraries display MARC records
`
`on their online catalogs with labels for the data elements to help the public interpret
`
`MARC records. Many libraries also offer the option to display MARC records in
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`MARC fields.
`
`13. Libraries create MARC records for works they acquire, including
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`books, serials, motion pictures, theses, and publications in other formats. The
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`cataloging of books is a very common cataloging practice. Libraries can create
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`original cataloging records or use an existing record in OCLC to create a copy
`
`cataloging record. As soon as the cataloging record is completed, it is added to the
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`library’s online catalog for users. If the record is an original record, it is also entered
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`into OCLC WorldCat. If it is a copy cataloging record, the library’s holding symbol
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`is attached to the existing original record in OCLC WorldCat to facilitate searching
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`and interlibrary loan. As for the book itself, a common practice is to process the
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`book quickly to make it available for public use. In most American academic
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`libraries the processing of a new book takes about a week. If workload is unusually
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`heavy, the processing of a new book may take slightly longer, but should not take
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`more than a month after the cataloging record is completed.
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`14. The cataloging of serials and the serial check-in process are discussed
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`here to show how libraries usually provide access to newly received serial issues.
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`According to the glossary of the RDA: Resource Description and Access
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`cataloging standard, a serial is “a mode of issuance of a manifestation issued in
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`successive parts, usually bearing numbering, that has no predetermined conclusion.
`
`A serial includes a periodical, monographic series, newspaper, etc.” Because the
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`publisher of a serial makes new issues of the serial available successively, a
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`customary cataloging practice is to create one bibliographic record for the serial,
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`and the MARC serial record typically provides information on the beginning date
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`and frequency of the serial, not the dates of individual issues. In other words,
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`libraries typically do not create MARC records for individual issues of a serial.
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`Instead, they rely on a serial check-in system to track the receipt of new issues. A
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`common check-in practice is to date stamp a new issue when it arrives. This
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`practice has become automated since the late 1990s, and libraries now vary in how
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`they share the receipt date of a new serial issue with the public. Some libraries use
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`a date stamp, some affix a label to indicate the receipt date, some pencil in the
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`receipt date, and some do not provide the information to the public.
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`15. The serial check-in process usually takes less than an hour, and one of
`
`the steps involves placing a date stamp on the new issue to document the date the
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`issue is checked in. After that, the holdings information of the serial is updated in
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`the library’s catalog so that users know which issues are available for request or
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`access. After serial check-in is completed, the new issue is placed on the shelf with
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`the previous issues of the serial. Libraries with a public periodical room typically
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`place new issues in the periodical room for easy user access. Because information
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`presented in serials often reflects latest discovery, a general practice of libraries is to
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`make new issues of serials available for user access soon after they are checked in,
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`usually within a week.
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`16.
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`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration I used authoritative information
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`systems, including WorldCat (https://www.worldcat.org), the online catalog of the
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`Middle East Technical University (METU) Library (http://library.metu.edu.tr/), the
`
`online catalog of the Library of Congress (https://catalog.loc.gov), and Google
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`Scholar to search for records. These records are identified and discussed in this
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`declaration. Experts in the field would reasonably rely on the data described herein
`
`to form their opinions.
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`B.
`17.
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`Scope Of This Declaration
`I have been asked to offer an opinion on the authenticity and public
`
`availability dates of the following two documents:
`
`•
`
`•
`
`Akar, Orhan Sevket, (“Akar”), “Silicon Micromachined Capacitive
`
`Pressure Sensors for Industrial and Biomedical Applications,” a 1998
`
`master thesis obtained from the Middle East Technical University
`
`(METU) Library on May 22, 2019, Exhibit 1010;
`
`Park, E. C., Yoon, J. B., & Yoon, E., (“Park”), “Hermetically sealed
`
`inductor-capacitor (LC) resonator for remote pressure monitoring,”
`
`Japanese Journal of Applied Physics, vol. 37, no. 12B (1998), pp.
`
`7124-7128, obtained from Library of Congress on June 1, 2019,
`
`Exhibit 1008.
`
`18.
`
`I am not a lawyer and I am not rendering an opinion on the legal
`
`question of whether a particular document is, or is not, a “printed publication” under
`
`the law. I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on when and how this document was disseminated
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`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 document.
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`19.
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`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claimed to be. I
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`am also informed that authenticity can be established based on the contents of the
`
`documents themselves, such as the appearance, content, substance, internal patterns,
`
`or other distinctive characteristics of the item.
`
`20.
`
`I am informed by counsel that a given reference is publicly accessible
`
`upon a satisfactory showing that such a document has been disseminated or
`
`otherwise made available to the extent that persons interested and ordinarily skilled
`
`in the subject matter or art could locate it exercising reasonable diligence. I have
`
`also been informed by counsel that materials available in a library constitute printed
`
`publications if they are cataloged and indexed according to general library practices
`
`that make the references available to members of the interested public.
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`21.
`
`I have been informed by counsel that the ’670 patent was filed in the
`
`United States on January 22, 2002, and claims priority to provisional application
`
`nos. 60/263,327 (“’327 provisional), filed January 22, 2001, and 60/278,634 (“’634
`
`provisional”), filed March 26, 2001. I have assessed public accessibility of the
`
`documents referenced below as of these dates. However, I am not rendering an
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`opinion regarding the priority date of the ’670 patent.
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`C.
`22.
`
`Person Of Ordinary Skill in the Art
` I am told by counsel that the subject matter of this proceeding relates
`
`to implantable microelectromechanical system (MEMS) sensors.
`
`23.
`
`I have been informed by counsel that 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 and its literature at the time of the inventions.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinent field.
`
`24.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art in the 2001 time frame would have had at least a bachelor’s degree in
`
`electrical or mechanical engineering (or equivalent) and at least two years’ industry
`
`experience, or equivalent research. Alternatively, a POSITA could substitute
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`directly relevant additional education for experience, e.g., an advanced degree
`
`relating to the design of implantable medical devices, or an advanced degree in
`
`electrical or mechanical engineering (or equivalent), with at least one year of
`
`industry experience.
`
`25.
`
`It is my opinion that such a person would have been actively engaged
`
`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 at least 2001 such a person would have had access to a vast
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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.
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`D. Evidence Considered In Forming My Opinions
`26.
`In the preparation of this declaration, I have reviewed the appendices
`
`referenced below, each of which is a type of material that experts in my field would
`
`reasonably rely upon when forming their opinions:
`
`(1) Akar, Orhan Sevket, (“Akar”), “Silicon Micromachined Capacitive
`
`Pressure Sensors for Industrial and Biomedical Applications,” a 1998
`
`master thesis obtained from the Middle East Technical University
`
`(METU) Library on May 22, 2019, Exhibit 1010;
`
`(2) Bibliographic record for Akar, available at the online catalog of the
`
`METU Library at
`
`http://library.metu.edu.tr/search~S4?/aAkar%2C+Orhan+Sevket/aakar+o
`
`rhan+sevket/-
`
`3%2C0%2C0%2CB/frameset&FF=aakar+orhan+s~aevket&1%2C1%2C
`
`/indexsort=-, accessed and obtained on May 9, 2019, Appendix 2;
`
`(3) MARC record for Akar, available at the online catalog of the METU
`
`Library at
`
`http://library.metu.edu.tr/search~S4?/aAkar%2C+Orhan+Sevket/aakar+o
`
`rhan+sevket/-
`
`
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`12
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`3%2C0%2C0%2CB/marc&FF=aakar+orhan+s~aevket&1%2C1%2C/ind
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`exsort=-, accessed and obtained on May 9, 2019, Appendix 3;
`
`(4) Keyword search results from the online catalog of METU, retrieved and
`
`obtained on May 29, 2019, Appendix 4;
`
`(5) Park, E. C., Yoon, J. B., & Yoon, E., (“Park”), “Hermetically sealed
`
`inductor-capacitor (LC) resonator for remote pressure monitoring,”
`
`Japanese Journal of Applied Physics, vol. 37, no. 12B (1998), pp. 7124-
`
`7128, obtained from Library of Congress on June 1, 2019, Exhibit 1008;
`
`(6) Bibliographic record for Japanese Journal of Applied Physics whose vol.
`
`37, no. 12B contains Park, available at the online catalog of the Library
`
`of Congress at https://lccn.loc.gov/88647912, accessed and obtained on
`
`May 3, 2019, Appendix 5;
`
`(7) MARC record for Japanese Journal of Applied Physics whose vol. 37,
`
`no. 12B contains Park, available at the online catalog of the Library of
`
`Congress at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=18045&recPointer=2
`
`&recCount=25&bibId=11344988, accessed and obtained on May 3,
`
`2019, Appendix 6.
`
`27.
`
`In forming the opinions expressed within this declaration, I have
`
`considered:
`
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`(1) The documents listed above;
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`(2) The reference materials cited herein; and
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`(3) My own academic background and professional experiences, as
`
`described below.
`
` AUTHENTICITY AND PUBLIC AVAILABILITY OF AKAR
`28. Exhibit 1010 is a true and correct copy of “Silicon Micromachined
`
`Capacitive Pressure Sensors for Industrial and Biomedical Applications,” a 1998
`
`master thesis by Orhan Sevket Akar, which I obtained from the METU Library on
`
`May 22, 2019. Specifically, I contacted the reference department of the METU
`
`Library about electronic access to this thesis, and the librarian informed me that
`
`because the thesis is authorized for open access they could scan the thesis for me for
`
`a small service fee. On May 22, 2019, the librarian of the METU Library sent me a
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`digitized copy of the Akar thesis (Exhibit 1010).
`
`29. The cover of Exhibit 1010 shows “SILICON MICROMACHINED
`
`CAPACITIVE PRESSURE SENSORS FOR INDUSTRIAL AND BIOMEDICAL
`
`APPLIATIONS” as the title of “a thesis submitted to the Graduate School of Natural
`
`and Applied Sciences of the Middle East Technical University by Orhan Sevket
`
`Akar” on “September 1998.” The page carries a stamp of “ODTÜ KÜTÜPHANESİ
`
`- METU LIBRARY” that indicates the library’s holding of this publication. Page 2
`
`of Exhibit 1010 shows the names of the committee members and their signatures
`
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`and a hand-written number of “8640000.TL” that has the appearance of an
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`identification number. On page 4 of Exhibit 1010 the author states “this research is
`
`the first national study on the design and implementation of silicon micromachined
`
`capacitive pressure sensors” and provides three keyword phrases for the thesis,
`
`including “silicon micromachining, capacitive pressure sensor, and planar integrated
`
`coil,” to indicate the subjects of the thesis. This digitized version of Akar from the
`
`METU Library shows that the thesis has 84 pages, and the last page of Exhibit 1010
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`is an authorization page bearing what appears to be the author’s signature (i.e., “O.
`
`Akar” written in cursive) and the handwritten date “28.09.1998” (i.e., September 28,
`
`1998).
`
`30. Appendix 2 is a true and correct copy of the bibliographic record for
`
`Akar that I retrieved, identified and obtained from the online catalog of the METU
`
`Library. Experts in the field would reasonably rely on the data described herein to
`
`form their opinions. Having previously searched the online catalog for materials on
`
`capacitive pressure sensors and identified the Akar thesis as a useful reference, I
`
`searched for records for the Akar thesis by the author’s name on May 9, 2019. The
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`record shows “Akar, Orhan Sevket” as the author, “Silicon micromachined
`
`capacitive pressure sensors for industrial and biomedical applications” as the title
`
`and “Ankara, 1998” as the publication information. It also shows the thesis is stored
`
`at the METU Theses area with “V.EE .98-21” as the call number and the status field
`
`
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`indicates it is for “Library Use Only,” which indicates that the thesis should not be
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`removed from the library. The bibliographic record shows that this thesis has 84
`
`pages with illustration and is “for the degree of master of science in the Department
`
`of Electrical and Electronics Engineering.” The note field shows several numbers
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`associated with
`
`this publication: “259407, Gift, 8.640.000.TL. 274013.”
`
`“8.640.000.TL” is the same as the hand-written number on page 2 of Exhibit 1010.
`
`31. Appendix 3 is a true and correct copy of the MARC record for Akar
`
`that I identified, located, and obtained from the online catalog of the METU Library.
`
`Experts in the field would reasonably rely on the data described herein to form their
`
`opinions. The first six digits of Field 008 shows that the record was created on
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`“981119” (i.e., November 19, 1998), Field 040 shows “MET” is the library that
`
`created the record, and Field 049 shows “METU” is the library that holds this
`
`publication. “MET” and “METU” are the library codes for the METU Library. The
`
`author information in Field 100, title in Field 245, publication place and year in Field
`
`260, pagination in Field 300, and the thesis note in Field 502 are the same as the data
`
`presented in Exhibit 1010. Field 050 shows the call number assigned to the Akar
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`thesis is “V.EE .98-21” with “V.EE” representing the thesis category in the
`
`collection. Field 710 shows that “Middle East Technical University (METU).
`
`Department of Electrical and Electronics Engineering” is recorded as another access
`
`point for users to discover this thesis. This MARC record (Appendix 3) makes the
`
`
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`
`
`Akar thesis discoverable in the online catalog of the METU Library by November
`
`1998. Members of the public who are interested in the subjects covered by this thesis
`
`could search for it by the author, title, and the department in which the thesis was
`
`completed. The online catalog supports keyword searches, and the title words are
`
`also keyword searchable.
`
`32. Appendix 4 is a true and correct screen capture of a keyword search
`
`for “capacitive pressure sensors.” It shows that the online catalog of the METU
`
`Library supports searching by keyword, author, title, subject, call number, and
`
`standard numbers. Appendix 4 shows that 21 results were found for this keyword
`
`search, and entry 1 is the Akar thesis.
`
`33. As discussed earlier, academic libraries usually make a newly cataloged
`
`publication available to the public soon after the cataloging work is completed,
`
`usually within a week. I can confidently state that, more likely than not, in view of
`
`the digitized version of Akar (Exhibit 1010), the bibliographic record (Appendix
`
`2), the MARC record (Appendix 3), the search screen capture (Appendix 4), and
`
`my knowledge of cataloging and processing practices in libraries, that the Akar
`
`thesis is an authentic document that was approved in September 1998, the MARC
`
`
`
`17
`
`Abbott
`Exhibit 1022
`Page 017
`
`
`
`record was created on November 19, 1998, and the physical volume would have
`
`been accessible to the public by late November, 1998.1
`
`34. Additionally, after I ordered the digitized version of Akar, a METU
`
`librarian explained to me that the physical copy of Akar would have been catalogued
`
`and publicly available when it was delivered to the library in 1998. Accordingly,
`
`my opinion above is consistent with METU’s general practice for indexing,
`
`cataloging, and shelving theses.
`
` AUTHENTICITY AND PUBLIC AVAILABILITY OF PARK
`35. Exhibit 1008 is a true and correct copy of “Hermetically sealed
`
`inductor-capacitor (LC) resonator for remote pressure monitoring” (“Park”) by Park
`
`et al., which was published in Japanese Journal of Applied Physics, vol. 37, no. 12B
`
`(1998), pp. 7124-7128. I personally obtained this scanned copy from the Library of
`
`Congress on June 1, 2019.
`
`36. To obtain Park, I searched WorldCat for records by the article title. The
`
`search results informed me that Library of Congress held Japanese Journal of
`
`
`1 Even if the workload at METU was unusually heavy for indexing and shelving
`
`theses, I can confidently state that the physical volume of Akar would have been
`
`publicly available well before January 22, 2000, which is more than fourteen
`
`months after Akar was catalogued.
`
`
`
`18
`
`Abbott
`Exhibit 1022
`Page 018
`
`
`
`Applied Physics whose vol. 37, no. 12B (1998), which contains Park. I then searched
`
`the online catalog of the Library of Congress for the journal’s record and the search
`
`results confirmed the holdings information. The “Item Availability” area of the
`
`bibliographic record shows that “QC1 .J28” is the call number of this journal and
`
`the journal is available for request at the “Jefferson or Adams Building Reading
`
`Rooms.” The record also shows that Library of Congress holds “older receipts,”
`
`including “v.21-v.42 (1982-2003).” I requested access to vol. 37, no. 12B on June
`
`1 and received the volume containing this issue the same day at the Science and
`
`Technology Reading Room of the Adams Building. While the volume was in my
`
`possession I personally scanned the pages, presented as Exhibit 1008.
`
`37. Exhibit 1008 includes front matter (the cover, copyright page, table of
`
`contents) of Japanese Journal of Applied Physics, vol. 37, no. 12B and of Park. The
`
`cover in Exhibit 1008 shows “Japanese Journal of Applied Physics. Part 1 Regular
`
`Papers, Short Notes & Review Papers” as the journal title and “0021-4922” as the
`
`ISSN (International Standard Serial Number) of the journal. The cover identifies
`
`this issue as vol. 37, no. 12B published in “December 1998” and indicates the issue
`
`is a special issue with “Microprocesses & Nanotechnology” as the theme. It also
`
`carries a date stamp of “LIBRARY OF CONGRESS APR 10.1999 PURCHASE.”
`
`The copyright page (p. 2 of Exhibit 1008) shows a copyright date of “1998” and the
`
`Publication Board of Japanese Journal of Applied Physics as the copyright holder.
`
`
`
`19
`
`Abbott
`Exhibit 1022
`Page 019
`
`
`
`The last paragraph on the copyright page shows that the journal is indexed and
`
`abstracts in electronic form at JJAP Online (http://wwwsoc.nacsis.ac.jp/jjap), CA
`
`Plus, CoDAS Web, INSPECT, PASCAL and SPIN and several print indexes. The
`
`table of contents shows the Park article begins on page 7124 and ends on page 7128.
`
`38. The header on page 7124 shows Park appears in “Jpn. J. Appl. Phys.
`
`Vol. 38 (1998) pp. 7124-7128 Part 1, No. 12B, December 1998” with a copyright
`
`date of “1998.” This page shows “Hermetically sealed inductor-capacitor (LC)
`
`resonator for remote pressure monitoring” as the article title and “Eun-Chul Park,
`
`Jun-Bo Yoon and Euisik Yoon” as the authors. It also shows that the manuscript
`
`was “received July 30, 1998; accepted for publication September 8, 1998.” Subjects
`
`of this article are represented by an abstract, followed by several keywords:
`
`integrated LC resonator, bulk micromachining, anodic bonding, wireless pressure
`
`sensor, inductive coupling, hermetically sealed, inductor, and electroplating. These
`
`keywords help indexing services to make the article searchable in their search
`
`systems. Because the journal is printed on long paper, the header and the last line
`
`of page 7124 could not be scanned into one page. A second page 7124 is included
`
`to show the bottom of this page. The last page of Exhibit 1008 is the spine of volume
`
`“37 DEC 1998” that has a printed label indicating it is “Japanese Journal of Applied
`
`Physics Part 1.”
`
`
`
`20
`
`Abbott
`Exhibit 1022
`Page 020
`
`
`
`Library of Congress Bibliographic Record for Japanese Journal of Applied
`
`Physics
`
`39. Appendix 5 is a true and correct copy of the bibliographic record for
`
`Japanese Journal of Applied Physics whose vol. 37, no. 12B contains Park. I
`
`personally identified, located, and obtained this record on May 3, 2019, from the
`
`online catalog of the Library of Congress for this declaration. This is the type of
`
`record experts in my field would reasonably rely upon when forming their opinion.
`
`Appendix 5 shows the main title is “Japanese journal of applied physics. Part 1,
`
`Regular papers & short notes” and “Publication Board, Japanese Journal of Applied
`
`Physics” of Tokyo, Japan has published this journal since 1982. The “Item
`
`Availability” area shows that the Library of Congress holds one set of bound
`
`volumes, which can be requested in the “Jefferson or Adams Building Reading
`
`Rooms,” and also unbound issues, which can be requested in the “Newspaper &
`
`Current Periodical Reading Room (Madison LM133).” The record also shows that
`
`“v. 37 1998 Dec c.1” is listed as an unbound issue that is “temporarily shelved at
`
`Jefferson or Adams Building Reading Rooms.”
`
`Library of Congress MARC Record for Japanese Journal of Applied Physics
`
`40. Appendix 6 is a true and correct copy of the MARC record for
`
`Japanese Journal of Applied Physics whose vol. 37, no. 12B contains Park. I
`
`personally identified, located, and obtained this record on May 3, 2019, 2019, from
`
`
`
`21
`
`Abbott
`Exhibit 1022
`Page 021
`
`
`
`the online catalog of the Library of Congress for this declaration. This is the type of
`
`record experts in my field would reasonably rely upon when forming their opinion.
`
`The first six digits of Field 008 show the MARC record was created on “820324”
`
`(i.e., March 24, 1982). Subfield |a of Field 040 of the MARC record informs me the
`
`record was originally created by “YDM” and subfield |d indicates “DLC” used the
`
`YDM record to create a copy cataloging record. According to the Directory of OCLC
`
`Members (https://www.oclc.org/en/contacts/libraries.html), “YDM” is the OCLC
`
`symbol for the Scholes Library of New York State College of Ceramics at Alfred
`
`University, Alfred, New York; and “DLC” is the OCLC symbol for Library of
`
`Congress. Field 022 shows “0021-4922” as the ISSN printed on the journal but the
`
`subfield code “y” indicates the number was assigned to another serial by the
`
`International Serial Data System. This is the reason why the bibliographic record
`
`(Appendix 5) shows this ISSN as “Incorrect ISSN.” Field 042 shows a code of
`
`“pcc” which means that th
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