UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Cisco Systems, Inc.
`Petitioner
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`U.S. Patent Nos. 8,432,956, 8,238,412, and 7,835,430
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`DECLARATION OF DAVID BADER
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`DISH
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`Exhibit 1023 Page 1
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`DISH
`Exhibit 1023 Page 1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems, Inc.
`Petitioner
`
`U.S. Patent Nos. 8,432,956, 8,238,412, and 7,835,430
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`DECLARATION OF DAVID BADER
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`DISH
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`Exhibit 1023 Page 1
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`Exhibit 1023 Page 1
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`1, David Bader, hereby declare as follows:
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`1.
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`I am a librarian at Haynes and Boone, LLP. 1 have worked in this
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`capacity since March 1, 2000.
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`2.
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`Exhibit 1014 is a true and accurate copy of a document that I obtained
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`from IHS relating to the ANSI standard T1.413-1995. Exhibit 1014 is submitted
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`with Petitions for inter partes review of U.S. Patent Nos. 8,432,956, 8,238,412,
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`and 7,835,430. I understand that IHS is a commercial database carrying standards
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`and historical documents available to the public. IHS is accessible to the public at
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`the websites www.IHS.com and www.global.IHS.com. Our library regularly relies
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`upon the IHS database for access to such public documents.
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`3.
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`Attached as Appendix A is the copyright.gov website snapshot from
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`the Library of Congress that evidences that at least as of June 6, 1999, the book
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`authored by Charles K. Summers, entitled “ADSL standards, implementation, and
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`architecture,” was publically available.
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`I obtained Appendix A by first accessing
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`the http://www.cop3gight.gov/ website, opening (or clicking on) the hyperlink
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`“Search Records,” then opening (or clicking on) the hyperlink “Post-1978,” and
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`performing a search by title for the above noted title, next clicking on the hyperlink
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`for “Format for Print/Save,” then downloading and printing the resulting webpage.
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`4.
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`Attached as Appendix B is the copyright. gov website snapshot from
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`the Library of Congress that evidences that at least as of March 23, 1998, the book
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`DISH
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`Exhibit 1023 Page 2
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`DISH
`Exhibit 1023 Page 2
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`
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`authored by Walter Goralski, entitled “ADSL and DSL technologies,” was
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`publically available. I obtained Appendix B by first accessing the
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`http://www.cop)gight.gov/ website, opening (or clicking on) the hyperlink “Search
`
`Records,” then opening (or clicking on) the hyperlink “Post-1978,” and performing
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`a search by title for the above noted title, next clicking on the hyperlink for
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`“Format for Print/Save,” then downloading and printing the resulting webpage.
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`5.
`
`Attached as Appendix C is the copyright. gov website snapshot from
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`the Library of Congress that evidences that at least as of December 12, 1998, the
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`book authored by Thomas Starr, John M. Cioffi, and Peter Silverman, entitled
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`“Understanding digital subscriber line technology,” was publically available. I
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`obtained Appendix C by first accessing the http://www.cop_\gight.gov/ website,
`
`opening (or clicking on) the hyperlink “Search Records,” then opening (or clicking
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`on) the hyperlink “Post-l978,” and performing a search by title for the above noted
`
`title, next clicking on the hyperlink for “Format for Print/Save,” then downloading
`
`and printing the resulting webpage.
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`6.
`
`Attached as Appendix D is the copyright. gov website snapshot from
`
`the Library of Congress that evidences that at least as of March 6, 1996, the book
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`authored by Andrew S. Tanenbaum, entitled “Computer networks,” was publically
`
`available.
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`I obtained Appendix D by first accessing the http://www.copyright.gov/
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`website, opening (or clicking on) the hyperlink “Search Records,” then opening (or
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`DISH
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`Exhibit 1023 Page 3
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`DISH
`Exhibit 1023 Page 3
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`
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`clicking on) the hyperlink “Post-l978,” and performing a search by title for the
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`above noted title, next clicking on the hyperlink for “Format for Print/Save,” then
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`downloading and printing the resulting webpage.
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`7.
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`Attached as Appendix E is the copyright. gov website snapshot from
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`the Library of Congress that evidences that at least as of March 3, 1998, the book
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`authored by B. P. Lathi, entitled “Modem digital and analog communication
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` ,” was publically available.
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`I obtained Appendix E by first accessing the
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`http://www.cop3gight.gov/ website, opening (or clicking on) the hyperlink “Search
`
`Records,” then opening (or clicking on) the hyperlink “Post—l978,” and performing
`
`a search by title for the above noted title, next clicking on the hyperlink for
`
`“Format for Print/Save,” then downloading and printing the resulting webpage.
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`8.
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`Attached as Appendix F is the copyright. gov website snapshot from
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`the Library of Congress that evidences that at least as of November 6, 1997, the
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`book authored by Behzad Razavi, entitled “RF Microelectronics,” was publically
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`available. I obtained Appendix F by first accessing the http://www.copyright.gov/
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`website, opening (or clicking on) the hyperlink “Search Records,” then opening (or
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`clicking on) the hyperlink “Post-l978,” and performing a search by title for the
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`above noted title, next clicking on the hyperlink for “Format for Print/Save,” then
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`downloading and printing the resulting webpage.
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`DISH
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`Exhibit 1023 Page 4
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`DISH
`Exhibit 1023 Page 4
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`9.
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`I hereby declare under penalty of perjury under the laws of the United
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`States of America that the foregoing is true and correct, and that all statements
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`made of my own knowledge are true and that all statements made on information
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`and belief are believed to be true.
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`I understand that willful false statements are
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`punishable by fine or imprisonment or both. See 18 U.S.C. § 1001.
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`Date: April 1, 2016
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`Respectfully submitted,
`
`®vE®E
`
`David Bader
`
`DISH
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`Exhibit 1023 Page 5
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`DISH
`Exhibit 1023 Page 5
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`
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`APPENDIX A
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`DISH
`Exhibit 1023 Page 6
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`Page 1 of 1
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`Type of Work: Text
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`Registration Number / Date:
` TX0005014482 / 1999-07-22
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`Title: ADSL standards, implementation, and architecture / Charles
` K. Summers.
`
`Imprint: Boca Raton, FL : CRC Press, c1999.
`
`Description: 186 p.
`
`Series: CRC Press Advanced and emerging communications technologies
` series
`
`Copyright Claimant:
` CRC Press, LLC (employer for hire)
`
`Date of Creation: 1998
`
`Date of Publication:
` 1999-06-21
`
`Other Title: Advanced and emerging communications technologies series
`
`Names: Summers, Charles K.
` CRC Press, LLC
`
`================================================================================
`
`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`DISH
`Exhibit 1023 Page 7
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`
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`APPENDIX B
`
`APPENDIX B
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`DISH
`Exhibit 1023 Page 8
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`
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`Page 1 of 1
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`Type of Work: Text
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`Registration Number / Date:
` TX0004771443 / 1998-05-14
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`Title: ADSL and DSL technologies / Walter Goralski.
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`Imprint: New York : McGraw-Hill, c1998.
`
`Description: 379 p.
`
`Copyright Claimant:
` McGraw-Hill Companies, Inc.
`
`Date of Creation: 1998
`
`Date of Publication:
` 1998-03-23
`
`Names: Goralski, Walter
` McGraw-Hill Companies, Inc.
`
`================================================================================
`
`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`DISH
`Exhibit 1023 Page 9
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`
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`APPENDIX C
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`APPENDIX C
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`DISH
`Exhibit 1023 Page 10
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`Page 1 of 1
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`Type of Work: Computer File
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`Registration Number / Date:
` TX0004880052 / 1999-04-26
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`Title: Understanding digital subscriber line technology / Thomas
` Starr, John M. Cioffi, Peter Silverman.
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`Imprint: Upper Saddle River, NJ : Prentice Hall PTR, c1999.
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`Description: CD-ROM + 474 p.
`
`Copyright Claimant:
` Prentice-Hall, Inc. Preexisting material: figures by ATIS.
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`Date of Creation: 1997
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`Date of Publication:
` 1998-12-29
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`Copyright Note: NM: text & ill. and compilation on CD-ROM.
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`Names: Starr, Thomas
` Cioffi, John M.
` Silverman, Peter
` Prentice-Hall, Inc.
` ATIS
`
`================================================================================
`
`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`DISH
`Exhibit 1023 Page 11
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`
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`APPENDIX D
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`APPENDIX D
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`DISH
`Exhibit 1023 Page 12
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`
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`Page 1 of 1
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`Type of Work: Text
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`Registration Number / Date:
` TX0004291965 / 1996-05-23
`
`Title: Computer networks / Andrew S. Tanenbaum.
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`Edition: 3rd ed.
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`Imprint: Upper Saddle River, NJ : Prentice Hall PTR, c1996.
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`Description: 813 p.
`
`Copyright Claimant:
` Prentice-Hall, Inc., a Simon & Schuster company
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`Date of Creation: 1995
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`Date of Publication:
` 1996-03-06
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`Previous Registration:
` Prev. reg. 1988, TX 2-415-203.
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`Basis of Claim: New Matter: new & updated material.
`
`Names: Tanenbaum, Andrew S., 1944-
` Prentice-Hall, Inc.
`
`================================================================================
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`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`DISH
`Exhibit 1023 Page 13
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`
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`APPENDIX E
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`APPENDIX E
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`DISH
`Exhibit 1023 Page 14
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`
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`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`Type of Work: Text
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`Registration Number / Date:
` TX0004746291 / 1998-03-27
`
`Title: Modern digital and analog communication systems / B. P.
` Lathi.
`
`Edition: 3rd ed.
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`Imprint: New York : Oxford University Press, 1998.
`
`Description: 781 p.
`
`Copyright Claimant:
` Bhagwandas Pannalal Lathi
`
`Date of Creation: 1997
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`Date of Publication:
` 1998-03-23
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`Previous Registration:
` Prev. reg. 1989, TX 2-557-655.
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`Basis of Claim: New Matter: updating & revisions.
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`Names: Lathi, Bhagwandas Pannalal
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`================================================================================
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`1 of 1
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`DISH
`Exhibit 1023 Page 15
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`APPENDIX F
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`APPENDIX F
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`DISH
`Exhibit 1023 Page 16
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`
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`http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
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`Type of Work: Text
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`Registration Number / Date:
` TX0004684726 / 1997-12-17
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`Title: RF microelectronics / Behzad Razavi.
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`Imprint: Upper Saddle River, NJ : Prentice Hall, c1998.
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`Description: 335 p.
`
`Copyright Claimant:
` Prentice Hall PTR
`
`Date of Creation: 1997
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`Date of Publication:
` 1997-11-06
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`Names: Razavi, Behzad
` Prentice Hall PTR
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`================================================================================
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`1 of 1
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`DISH
`Exhibit 1023 Page 17
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