Filed on behalf of: Robert Bosch LLC and Daimler AG
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Robert Bosch LLC and Daimler AG,
`Petitioner
`v.
`Orbital Engine Company Pty Limited,
`Patent Owner
`
`Patent No. 5,655,365
`
`
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`
`
`DECLARATION OF ALANA BEVAN
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`Page 1 of 6
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`BOSCH-DAIMLER EXHIBIT 1015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Robert Bosch LLC and Daimler AG,
`Petitioner
`v.
`Orbital Engine Company Pty Limited,
`Patent Owner
`
`Patent No. 5,655,365
`
`
`
`
`
`DECLARATION OF ALANA BEVAN
`
`Page 1 of 6
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`BOSCH-DAIMLER EXHIBIT 1015
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`
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`I, Alana Bevan, declare as follows:
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`1.
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`I am employed as an Information Resources Librarian, by the law firm,
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`Finnegan, Henderson, Farabow, Garrett and Dunner, LLP (“Finnegan”), counsel to
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`Robert Bosch LLC. (“Bosch” or “Petitioner”) in this proceeding before the United
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`States Patent and Trademark Office. Although I am being compensated as part of
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`my employment with Finnegan, no part of my compensation depends on the
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`outcome of this proceeding, and I have no other interest in this proceeding.
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`2.
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`In 2003, I received a Bachelor’s degree in History from the University
`
`of Alberta. I received an Master’s degree in History in 2005, a PhD in History in
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`2009 (both from the Johns Hopkins University), and a Master’s degree in Library
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`Science (MLS) from the University of Maryland in 2013. Since 2012, I have
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`worked professionally as an Information Resources Librarian. I have also been
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`employed by Finnegan since 2012. As part of my standard work duties, I am
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`regularly asked to perform research into the publication and public accessibility of
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`various documents, including research papers.
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`3.
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`I understand that a research paper, titled “Methods for Fast Catalytic
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`System Warm-Up During Vehicle Cold Starts,” to Bernhardt et al., (“Bernhardt”)
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`(Ex. 1002) is a reference relied on by Petitioner in the Petition for Inter Partes
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`Review of the ’365 patent filed herewith. I have reviewed Ex. 1002 and
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`understand that the first page of the exhibit shows a cover page from SAE
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`2
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`Page 2 of 6
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`International stating Bernhardt was published on “1972-02-01” and was assigned
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`“Paper #: 720481”.
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`4.
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`I was asked to outline my efforts to locate additional evidence relating
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`to whether Bernhardt was published and/or publically accessible and if so, where
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`and when.
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`5.
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`On October 13, 2015, I received a copy of Bernhardt and asked to
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`determine if the reference was registered with the Library of Congress and, if so,
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`when.
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`6.
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`First, I performed a search on Online Computer Library Center, Inc.’s
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`WorldCat system, a networked catalog that aggregates the holdings of more than
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`10,000 libraries worldwide. This search indicated that Bernhardt was published as
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`part of the IIEC: Inter-Industry Emission Control: Progress Report, May 1972
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`(“IIEC Report”). I found library records indicating that the IIEC Report is (or had
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`been) part of their collections including:
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`a.
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`
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`Record generated April 8, 1975 by Dartmouth College (which later
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`appears to have been deleted), and duplicated by Kettering University,
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`Indiana University, Michigan State University, Bradley University,
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`Texas A&M, and the University of Arizona.
`
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`b.
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`Record generated May 9, 1975 by University of Alberta (Canada).
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`3
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`Page 3 of 6
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` c.
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`Record generated January 24, 1977 by Cleveland State University,
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`and duplicated by West Virginia University, Case Western Reserve
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`University, University of Kentucky, University of Utah, and the
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`University of California, Berkeley.
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`7.
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`I placed an order with Independence Legal Support, P.O. Box 1807,
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`Greenbelt, MD 20768, to retrieve a copy of the IIEC Report from one of the above
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`sources.
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`8.
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`On October 15, 2015, Independence Legal Support sent a copy of the
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`relevant portions of the IIEC Report containing Bernhardt. A copy of what I
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`received from Independence Legal Support, which Independence Legal retrieved
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`from the University of Kentucky, is attached as Ex. 1012.
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`9.
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`On October 13, 2015, I also determined from the SAE International
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`Website (http://papers.sae.org/720481/) that Bernhardt, Paper #: 720481, was also
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`published in SAE 1972 Transactions - V81-A (“SAE 1972 Transactions”) (see red
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`arrow below):
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`4
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`Page 4 of 6
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`10.
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`I asked Independence Legal Support to also retrieve a copy of the
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`SAE 1972 Transactions journal from the Library of Congress.
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`11. On October 14, 2015, Independence Legal Support sent a copy of the
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`relevant portions of the SAE 1972 Transactions journal containing Bernhardt. A
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`copy of what I received from Independence Legal Support, which Independence
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`Legal Support received from the Library of Congress, is attached as Ex. 1014.
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`5
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`Page 5 of 6
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`12.
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`The copy of the SAE 1972 Transactions journal received from Library
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`of Congress by way of Independence Legal Support includes on the second page
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`Library of Congress Catalog Card Number: 12-14987, as well as a stamp dated
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`May 24, 1974 stating “Copyright Office - Copy - Library of Congress.’
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`In
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`3
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`addition, at the top of the second page, the following handwriting is provided:
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`“TL1,
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`.S6, V. 81, sect. 3, 1972.” In addition, the Bernhardt paper is listed in the
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`Table of Contents on the third page as document number 720481. On the first
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`page of the Bernhardt paper starting on the fifth page, this same document number,
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`720481, is listed.
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`13.
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`I declare that all statements made herein of my knowledge are true,
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`and that all statements made on information and belief are believed to be true, and
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`that these statements were made with the knowledge that willful false statements
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`and the like so made are punishable by fine or imprisonment, or both, under
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`Section 1001 of Title 18 of the United States Code.
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`Dated:
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`November 6 2015 B
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`Page 6 of 6
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`Page 6 of 6
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