Mariellen F. Calter
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` Associate University Librarian &
` Chief of Staff
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` Cecil H. Green Library
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` Stanford, California
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` 94305-6004
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`The Stanford University Libraries
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` mcalter@stanford.edu
` telephone 650-725-5813
` fax 650-725-4902
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`DECLARATION OF MARIELLEN F. CALTER
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`I, Mariellen F. Calter, declare:
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`1. I have personal knowledge of the facts set forth herein, and if called to testify, I could
`and would competently testify to the same.
`2. I am Associate University Librarian & Chief of Staff for the Stanford University
`Libraries (“SUL”), located at Stanford University, Stanford, CA 94305.
`3. I have worked at SUL in my current role for over four years, and have worked for
`SUL for over ten years.
`4. The SUL catalog is available to the general public and searchable by subject, author,
`and keyword. Though the interface has changed, the catalog was searchable by
`subject, author, and keyword in the 1987 time frame as well.
`5. SUL holds a copy of the Proceedings of the International Symposium on Ultra Large
`Scale Integration Science and Technology, volume 87-11, published by The
`Electrochemical Society in 1987. That work includes the article Self Aligned Bitline
`Contact for 4 MBIT DRAM, by K. H. Kuesters et al.
`6. I am familiar with the policies and procedures of the Library as they relate to the
`receipt, cataloging, and tracking of books. Although I was not an employee of the
`Stanford University Libraries at the time these proceedings were acquired by the
`Library, on information and belief, the process for receiving, cantaloging, and tracking
`these books is something I am able to describe, although not from direct personal
`knowledge.
`7. It is SUL’s normal course of business to create catalog records for all materials it
`acquires for its collection. In most cases, the catalog record is created at or near the
`times referenced therein by persons with knowledge of the events referenced therein.
`8. In its current catalog interface, SUL provides two views of its catalog records. The
`standard view shows information about the work formatted for viewing, while the
`Libraian View shows the details of the MARC coding of the record. Within the
`Librarian View, field 999 subfield u| shows the date that the catalog record was
`created. SUL’s catalog indicates that a catalog record was created for the proceedngs
`on November 6, 1987.
`9. In most cases, the catalog record is created within a few weeks of the acquisition of the
`book, and books acquired by SUL are typically available for circulation to the public
`within a few weeks of being cataloged, though in some cases availability can take
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`SAMSUNG-1010.001
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`significantly longer. Based on the creation date for the catalog record, I believe that
`this work would have been made available to the public in November of 1987.
`10. It has been common practice within SUL to stamp books that are borrowed with the
`date that they are due. The earliest stamp in the proceedings shows a return due date
`of October 23, 1990. Therefore, it is clear that the book was available to the public no
`later than that date.
`I understand that willful false statements and the like are punishable by fine or imprisonment, or
`both under Section 1001 of Title 18 of the United States Code and may jeopardize the validity of
`the application or any patent issuing thereon. I declare that all statements made of my knowledge
`are true, and that all statements made on information and belief are believed to be true..
`Executed this 25th day of January, 2016.
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`Mariellen F. Calter
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`SAMSUNG-1010.002