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Filed on behalf of: Robert Bosch LLC and Daimler AG
`
`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 CATHERINE ALEXANDROVNA VASSILKOVA
`
`Page 1 of 6
`
`BOSCH-DAIMLER EXHIBIT 1016
`
`Page 1 of 6
`
`BOSCH-DAIMLER EXHIBIT 1016
`
`

`
`
`
`1.
`
`I am currently a co-owner of Independence Legal Support
`
`(“Independence”), P.O. Box 1807 Greenbelt, MD 20768. Although I am being
`
`compensated as part of my employment with Independence, no part of my
`
`compensation depends on the outcome of this proceeding, and I have no other
`
`interest in this proceeding.
`
`2.
`
`In 2007, I received a Bachelor of Arts in Economics from the
`
`University of Maryland, College Park. Since 2011, I have been employed by
`
`Independence. As part of my standard work duties, I am regularly asked to search
`
`for and collect documents, including research papers, from libraries, including the
`
`Library of Congress and other university and college libraries.
`
`3.
`
`On October 13, 2015, I received two requests to retrieve specific
`
`publications from Alana Bevan, an Information Resource Librarian, at the law firm
`
`of Finnegan, Henderson, Farabow, Garrett & Duimer LLP, who I understand is
`
`counsel to Robert Bosch LLC in this proceeding before the United States Patent
`
`and Trademark Office.
`
`4.
`
`I was asked to outline my efforts to find these publications.
`
`Page 2 of 6
`
`Page 2 of 6
`
`

`
`5.
`
`First, Ms. Bevan asked Independence to provide copies of the relevant
`
`portion of a publication titled “IIEC: Inter-Industry Emission Control, Progress
`
`Report, May 1972” (“IIEC”). According to the WorldCat database, Ms. Bevan
`
`told Independence that the IIEC publication was available at many university
`
`libraries including Penn State, Indiana University, Michigan State University,
`
`Texas A&M, University of Arizona, Cleveland State University, West Virginia
`
`University, Case Western Reserve University, University of Kentucky, and UC
`
`Berkeley.
`
`6.
`
`Specifically, Ms. Bevan asked us to scan the following from the IIEC
`
`publication: cover page, copyright page, Table of Contents (in its entirety), all
`
`pages within the publication that contained the following paper: “Methods for Fast
`
`Catalytic System Warm Up During Vehicle Cold Starts” by Bernhardt and
`
`Hoffinan (SAE technical paper 720481)(“Bemhardt”), and a date
`
`received/processed stamp from the library, if possible.
`
`7.
`
`On October 15th, 2015, I retrieved a copy of the IIIEC publication
`
`from the University of Kentucky. Specifically, on October 14th, 2015 I submitted
`
`a request by email for Title/copyright/table of contents/date-stamp (showing the
`
`Page 3 of 6
`
`Page 3 of 6
`
`

`
`date of receipt by the library) pages + "Methods for fast catalytic system warm-up
`
`during vehicle cold starts", by W.E. Bernhardt [and] E. Hoffmann from IIEC :
`
`inter-industry emission control: progress report, May 1972 to the University of
`
`Kentucky W.T. Young Library Interlibrary Loan Department. The librarian with
`
`the University of Kentucky W.T. Young Library Interlibrary Loan Department
`
`instructed that we complete and return a copy of the American Library Association
`
`Interlibrary Loan Request Form to process our request. The completed ALA form
`
`was submitted by email on October 14th, 2015 and the requested copy was
`
`received from the University of Kentucky W.T. Young Library Interlibrary Loan
`
`Department librarian in PDF format by email on October 15th, 2015.
`
`8.
`
`On October 15, 2015, I sent a copy of the relevant portions of the
`
`IIEC Report containing Bernhardt to Ms. Bevan at Finnegan. A copy of what I
`
`received from the University of Kentucky, which I sent to Ms. Bevan, is attached
`
`as Ex. 1012.
`
`9.
`
`Second, on October 13, 2015, Ms. Bevan asked Independence to V
`
`provide copies of the relevant portion of a publication titled SAE 1972
`
`Page 4 of 6
`
`Page 4 of 6
`
`

`
`Transactions - V81-A (“SAE 1972 Transactions”) that included the Bernhardt
`
`reference from the Library of Congress.
`
`10.
`
`On October 14th, 2015, Sara Elspeth Callahan, a co-owner of
`
`Independence, retrieved a copy of the SAE 1972 Transactions publication from the
`
`Library of Congress. Specifically, Sara Elspeth Callahan requested the print
`
`volume from the stack collection at the Library of Congress, received the volume
`
`from a staff member, and scarmed the copy.
`
`1.
`
`On October 14, 2015, Sara Elspeth Callahan sent a copy of the
`
`relevant portions of the SAE 1972 Transactions journal containing Bernhardt to
`
`Ms. Bevan at Finnegan. A copy of what Sara Elspeth Callahan received from the
`
`Library of Congress, which she sent to Ms. Bevan, is attached as Ex. 1013.
`
`2.
`
`The copy of the SAE 1972 Transactions journal received from Library
`
`of Congress includes on the second page Library of Congress Catalog Card
`
`Number: 12-14987, as well as a stamp dated May 24, 1974 stating “Copyright
`
`Office - Copy - Library of Congress.” In addition, at the top of the second page,
`
`the following handwriting is provided: “TL,, .S6, v. 81, sect. 3, 1972.” In addition,
`
`the Bernhardt paper is listed in the Table of Contents on the third page as
`
`Page 5 of 6
`
`Page 5 of 6
`
`

`
`document number 720481. On the first page of the Bernhardt paper starting on the
`
`fifth page, this same. document number, 720481, is listed.
`
`13.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledge that willful false statements
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`Dated:
`
`Ngyember 6, 2015
`
`By: 4,
`
`Page 6 of 6
`
`Page 6 of 6

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