`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`FLIR Systems, Inc.
`and
`FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.),
`
`Petitioners,
`
`v.
`
`Garmin Switzerland GmbH,
`
`Patent Owner
`
`____________________
`
`PETITION FOR INTER PARTES REVIEW
`
`OF
`
`U.S. PATENT NO. 7,268,703
`
`
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`19 January 2017
`
`1
`
`1
`
`Navico Ex. 1015
`
`
`
`TABLE OF CONTENTS
`
`Page
`
`I.
`
`II.
`
`INTRODUCTION .......................................................................................... 2
`
`BACKGROUND AND QUALIFICATIONS ................................................ 2
`
`III.
`
`PRELIMINARIES .......................................................................................... 4
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS ........................11
`
`V.
`
`VI.
`
`ATTACHMENTS ........................................................................................28
`
`CONCLUSION ............................................................................................29
`
`2
`
`
`
`I, Scott Bennett, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have personal knowledge of the facts and opinions set forth in this
`
`declaration, I believe them to be true, and if called upon to do so, I would testify
`
`competently to them. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both.
`
`2.
`
`I am a retired academic librarian working as a Managing Partner of
`
`the firm Prior Art Documentation LLC at 711 South Race Street, Urbana, IL,
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`61801-4132. Attached as Appendix A is a true and correct copy of my
`
`Curriculum Vitae describing my background and experience.
`
`3.
`
`I have been retained by Weil, Gotshal & Manges LLP to authenticate
`
`and establish the dates of public accessibility of certain documents in an inter
`
`partes review proceedings for U.S. Patent No. 7,268,703. For this service, I am
`
`being paid my usual hourly fee of $88/hour. My compensation in no way depends
`
`on the substance of my testimony or the outcome of this proceeding.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`4.
`
`I was previously employed as follows:
`
`(cid:120)
`
`(cid:120)
`
`University Librarian, Yale University, New Haven, CT., 1994-2001;
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`3
`
`
`
`(cid:120)
`
`(cid:120)
`
`(cid:120)
`
`Assistant University Librarian for Collection Management,
`
`Northwestern University, Evanston, IL, 1981-1989;
`
`Instructor, Assistant, and Associate Professor of Library
`
`Administration, University of Illinois at Urbana-Champaign, Urbana,
`
`IL, 1974-1981; and
`
`Assistant Professor of English, University of Illinois at Urbana-
`
`Champaign, 1967-1974.
`
`5.
`
`Over the course of my work as a librarian, professor of English,
`
`researcher, and author of nearly fifty scholarly papers and other publications, I
`
`have had extensive experience with cataloging records and online library
`
`management systems built around Machine-Readable Cataloging (MARC)
`
`standards. I also have substantial experience in authenticating printed documents
`
`and establishing the date when they were accessible to researchers.
`
`6.
`
`In the course of more than fifty years of academic life, I have myself
`
`been an active researcher. I have collaborated with many individual researchers
`
`and, as a librarian, worked in the services of thousands of researchers at four
`
`prominent research universities. Members of my family are university
`
`researchers. Over the years, I have read some of the voluminous professional
`
`literature on the information seeking behaviors of academic researchers. And as
`
`an educator, I have a broad knowledge of the ways in which students in a variety
`
`3
`
`4
`
`
`
`of disciplines learn to master the bibliographic resources used in their disciplines.
`
`In all of these ways, I have a general knowledge of how researchers work.
`
`7.
`
`Appendix A is my full resume. Further information about my firm is
`
`available at www.priorartdocumentation.com.
`
`III. PRELIMINARIES
`Scope of this declaration. I am not a lawyer and I am not rendering
`
`8.
`
`an opinion on the legal question of whether any particular document is, or is not, a
`
`“printed publication” under the law.
`
`9.
`
`I am, however, rendering my expert opinion on when and how each
`
`of the documents addressed herein was disseminated 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 documents before
`
`September 2002.
`
`10. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the document and attachments referenced below.
`
`These materials are records created in the ordinary course of business by
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`publishers, libraries, indexing services, and others. From my years of experience,
`
`I am familiar with the process for creating many of these records, and I know
`
`these records are created by people with knowledge of the information in the
`
`record. Further, these records are created with the expectation that researchers
`
`4
`
`5
`
`
`
`and other members of the public will use them. All materials cited in this
`
`declaration and its attachments are of a type that experts in my field would
`
`reasonably rely upon and refer to in forming their opinions.
`
`11.
`
`Persons of ordinary skill in the art. I am told by counsel that the
`
`subject matter of this proceeding relates to using electronic navigation equipment,
`
`including electronic nautical charts, GPS receivers, and associated software, to
`
`plot maritime navigation courses that avoid dangerous conditions, such as
`
`obstacles, shallow water, or inclement weather.
`
`12.
`
`I have been informed by counsel that the “person of ordinary skill in
`
`the art at the time of the inventions” 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.
`
`13.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art would have had a B.S. degree in Electrical Engineering (or related
`
`discipline) and 3 to 5 years of experience in navigation engineering, or would
`
`have held a more advanced degree but less experience (e.g., a Master’s degree and
`
`1 to 2 years of experience).
`
`14.
`
`It is my opinion that such a person would have been engaged in
`
`advanced research starting at least in graduate school, learning though study and
`
`5
`
`6
`
`
`
`practice in the field and possibly through formal instruction the bibliographic
`
`resources relevant to his or her research. In the 1990s such a person would have
`
`had access to a vast array of long-established print resources in electrical
`
`engineering and related disciplines as well as to a rich and fast changing set of
`
`online resources providing indexing information, abstracts, and full text services
`
`for electrical engineering and related disciplines.
`
`15.
`
`Library catalog records. Some background on MARC formatted
`
`records, OCLC, WorldCat, and OCLC’s Connexion is needed to understand the
`
`library catalog records used in this declaration.
`
`16.
`
`Libraries world-wide use the MARC format for catalog records; this
`
`machine readable format was developed at the Library of Congress in the 1960s.
`
`17. MARC formatted records provide a variety of subject access points
`
`based on the content of the document being cataloged. All may be found in the
`
`MARC Fields 6XX. For example, MARC Field 600 identifies personal names
`
`used as subjects and the MARC Field 650 identifies topical terms. A researcher
`
`might discover material relevant to his or her topic by a search using the terms
`
`employed in the MARC Fields 6XX.
`
`18.
`
`The MARC Field 040, subfield a, identifies the library or other entity
`
`that created the original catalog record for a given document and transcribed it into
`
`machine readable form. The MARC Field 008 identifies the date when this first
`
`6
`
`7
`
`
`
`catalog record was entered on the file. This date persists in all subsequent uses of
`
`the first catalog record, although newly-created records for the same document,
`
`separate from the original record, will show a new date. It is not unusual to find
`
`multiple catalog records for the same document.
`
`19. WorldCat is the world’s largest public online catalog, maintained by
`
`the Online Computer Library Center, Inc., or OCLC, and built with the records
`
`created by the thousands of libraries that are members of OCLC. WorldCat
`
`provides a user-friendly interface for the public to use MARC records; it requires
`
`no knowledge of MARC tags and codes. WorldCat records appear in many
`
`different catalogs, including the Statewide Illinois Library Catalog. The date a
`
`given catalog record was created (corresponding to the MARC Field 008) appears
`
`in some detailed WorldCat records as the Date of Entry.
`
`20. Whereas WorldCat records are very widely available, the availability
`
`of MARC formatted records varies from library to library.
`
`21. When an OCLC participating institution acquires a document for
`
`which it finds no previously created record in OCLC, or when the institution
`
`chooses not to use an existing record, it creates a record for the document using
`
`OCLC’s Connexion, the bibliographic system used by catalogers to create MARC
`
`records. Connexion automatically supplies the date of record creation in the
`
`MARC Field 008.
`
`7
`
`8
`
`
`
`22. Once the MARC record is created by a cataloger at an OCLC
`
`participating member institution, it becomes available to other OCLC participating
`
`members in Connexion and to the public in WorldCat.
`
`23. When a book has been cataloged, it will normally be made available
`
`to readers soon thereafter—normally within a few days or (at most) within a few
`
`weeks of cataloging.
`
`24.
`
`Publications in series. A library typically creates a MARC catalog
`
`record for a series of closely related publications, such as the proceedings of an
`
`annual conference, when the library receives its first issue. When the institution
`
`receives subsequent issues/volumes of the series, the issues/volumes are checked in
`
`(sometimes using a date stamp), added to the institution’s holdings records, and
`
`made available very soon thereafter—normally within a few days of receipt or (at
`
`most) within a few weeks of receipt.
`
`25.
`
`The initial serials record will often not reflect all of the subsequent
`
`changes in publication details (including minor variations in title, etc.).
`
`26. When a library does not intend systematically to acquire all
`
`publications in a given series, but adds individual volumes of the series to its
`
`collections, the library will typically treat each such volume as an individual book,
`
`or monograph. In this case, the 008 Field MARC will record the date when the
`
`record for that individual volume, not the series, was created.
`
`8
`
`9
`
`
`
`27.
`
`It is sometimes possible to find both a series and a monograph library
`
`catalog record for the same publication.
`
`28.
`
`Periodical publications. A library typically creates a catalog record
`
`for a periodical publication when the library receives its first issue. When the
`
`institution receives subsequent issues/volumes of the periodical, the
`
`issues/volumes are checked in (often using a date stamp), added to the
`
`institution’s holdings records, and made available very soon thereafter—normally
`
`within a few days of receipt or (at most) within a few weeks of receipt.
`
`29.
`
`The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations in title, etc.).
`
`30.
`
`Internet Archive. The Internet Archive is a non-profit digital library
`
`founded in 1996.
`
`31.
`
`The Internet Archive maintains an archive of webpages collected from
`
`the Internet using software called a crawler. Crawlers automatically create a
`
`snapshot of webpages as they existed at a certain point in time. The WayBack
`
`Machine is an application created by the Internet Archive to search its archive of
`
`Web pages and to represent, graphically, the date of each crawler capture. The
`
`Internet Archive, now with about 50 petabytes of data, collects only Web material
`
`that is publicly available. Some sites are “not archived because they were
`
`password protected, blocked by robots.txt, or otherwise inaccessible to our
`
`9
`
`10
`
`
`
`automated systems. Site owners might have also requested that their sites be
`
`excluded from the WayBack Machine” (see the WayBack Machine FAQ,
`
`https://archive.org/about/faqs.php#The_Wayback_Machine).
`
`32.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for
`
`relevant information in an index of periodical and other publications. Having
`
`found relevant material, the researcher will then normally obtain it online, look for
`
`it in libraries, or purchase it from the publisher, a bookstore, a document delivery
`
`service, or other provider. Sometimes, the date of a document’s public
`
`accessibility will involve both indexing and library date information. Date
`
`information for indexing entries is, however, often unavailable. This is especially
`
`true for online indices.
`
`33.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to
`
`service.
`
`34. Online indexing services commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with
`
`a list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document. A citation of a document
`
`10
`
`11
`
`
`
`is evidence that the document was publicly available and in use by researchers no
`
`later than the publication date of the citing document.
`
`35.
`
`Prominent indexing services include:
`
`36.
`
`Scopus. Produced by Elsevier, a major publisher, Scopus is the
`
`largest database of abstracts and citations of peer-reviewed literature. Its scope
`
`includes the social sciences, science, technology, medicine, and the arts. It
`
`includes 60 million records from more than 21,500 titles from some 5,000
`
`international publishers. Coverage includes 360 trade publications, over 530 book
`
`series, more than 7.2 million conference papers, and 116,000 books. Records date
`
`from 1823.
`
`37. Google Scholar. Google Scholar indexes the texts and metadata of
`
`scholarly publications across a wide range of disciplines. It includes most peer-
`
`reviewed online academic journals, conference papers, theses, technical reports,
`
`and other material. Google does not publish the size of the Google Scholar
`
`database, but researchers have estimated that it contained approximately 160
`
`million items in 2014 (Enrique Oduna-Malea, et al., “About the size of Google
`
`Scholar: playing the numbers,” Scientometrics, 104,3 (September 2015): 931-949,
`
`available at https://arxiv.org/ftp/arxiv/papers/1407/1407.6239.pdf ).
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS
`
`Document 1. Laurie Tetley and David Calcutt, Electronic Navigation
`Systems, 3rd ed. (Oxford, Butterworth Heinemann, 2001).
`
`11
`
`12
`
`
`
`1.
`
`Authentication
`
`38. Document 1 is a book by Laurie Tetley and David Calcutt published
`
`by Butterworth in 2001. Attachment 1a is a true and correct copy of Chapter 1 of
`
`Document 1, along with the book’s title page, title page verso, and table of
`
`contents from the Linda Hall Library. Attachment 1b is a true and correct copy of
`
`that library’s catalog record, in MARC format, for Document 1.
`
`39. Attachment 1a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Chapter 1 in Document 1 is not missing any
`
`intermediate pages, the text on each page appears to flow seamlessly from one
`
`page to the next, and there are no visible alterations to the document. Attachment
`
`1a was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`40.
`
`It is my opinion that Attachment 1a is an authentic copy of Document
`
`1.
`
`2.
`
`Public accessibility
`
`41. Attachment 1c is a true and correct copy of a Statewide Illinois
`
`Library catalog record for Document 1. It shows the book is held by 76 libraries
`
`world-wide. Researchers would have had no difficulty finding copies of
`
`Document 1.
`
`12
`
`13
`
`
`
`42.
`
`In Attachment 1b, the Linda Hall Library catalog record for
`
`Document 1, the MARC Field 040, subfield a, indicates that Document 1 was first
`
`cataloged by the Library of Congress (OCLC code = DLC). The MARC Field
`
`008 indicates this catalog record was created on 8 December 2000. This record
`
`was probably derived from the British Library cataloging in publication data,
`
`shown on the verso of the title page in Attachment 1a. I conclude from
`
`Attachment 1b that Document 1 was bibliographically identifiable by no later than
`
`8 December 2000.
`
`43.
`
`In Attachment 1a, a copy of Document 1 from the Linda Hall
`
`Library, the first contents page shows a hand-written cataloger’s date of 25 July
`
`2001. Based on my experience, I affirm this date notation has the general
`
`appearance of the notations catalogers often made in processing books. I do not
`
`see any indications or have any reason to believe this date notation was written by
`
`anyone other than library personnel on or about the date indicated by the notation.
`
`44. Allowing for some time between the date notation of 25 July 2001
`
`and the book’s appearance on library shelves, where it would be publicly
`
`available, it is my opinion that Document 1 was publicly available in at least one
`
`library by mid-August 2001.
`
`3.
`
`Conclusion
`
`13
`
`14
`
`
`
`45. Based on the evidence presented here—book publication and library
`
`cataloging—it is my opinion that Document 1 is an authentic document that
`
`was bibliographically identifiable by 8 December 2000 and was publicly
`
`available in at least one library by mid-August 2001.
`
`Document 2. Bill Brogdon, Boat Navigation for the Rest of Us: Finding
`Your Way by Eye and Electronics, 2nd ed. (Camden, ME, International
`Marine/McGraw-Hill, 2001).
`
`1.
`
`Authentication
`
`60. Document 2 is a book by Bill Brogdon published by International
`
`Marine in 2001. Attachment 2a is a true and correct copy the cover, title page,
`
`title page verso, table of contents, introduction, and Chapter 1 of Document 2
`
`from the Library of Congress. Attachment 2b is a true and correct copy of that
`
`library’s catalog record, in MARC format, for Document 2.
`
`61. Attachment 2a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Chapter 1 in Document 2 is not missing any
`
`intermediate pages, the text on each page appears to flow seamlessly from one
`
`page to the next, and there are no visible alterations to the document. Attachment
`
`2a was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`62.
`
`It is my opinion that Attachment 2a is an authentic copy of Document
`
`2.
`
`14
`
`15
`
`
`
`2.
`
`Public accessibility
`
`63. Attachment 2c is a true and correct copy of a Statewide Illinois
`
`Library catalog record for Document 2. It shows the book is held by 186 libraries
`
`world-wide. Researchers would have had no difficulty finding copies of
`
`Document 2.
`
`64. Attachment 2d is a true and correct copy of the United States
`
`Copyright Office record for Document 2. It shows that Document 2 was
`
`published on 3 January 2001 and registered for copyright on 18 April 2001. I
`
`conclude from this record that Document 2 would have been available from its
`
`publisher on or about 3 January 2001.
`
`65.
`
`In Attachment 2b, the Library of Congress catalog record for
`
`Document 2, the MARC Field 040, subfield a, indicates that Document 2 was first
`
`cataloged by the Library of Congress (OCLC code = DLC). The MARC Field
`
`008 indicates this catalog record was created on 5 October 2000, some months
`
`before the book’s publication. That this catalog record was a cataloging in
`
`publication record is shown on the verso of the title page in Attachment 2a. I
`
`conclude from Attachment 2b that Document 1 was bibliographically identifiable
`
`by no later than 5 October 2000.
`
`66.
`
`In Attachment 2a, a copy of Document 2 from the Library of
`
`Congress, the title page shows a Library of Congress Copyright Office date stamp
`
`15
`
`16
`
`
`
`of 18 April 2001, the same date as the copyright registration date shown in
`
`Attachment 2d. I do not see any indications or have any reason to believe this
`
`date stamp was made by anyone other than library personnel on or about the date
`
`indicated by the stamp. I conclude that Attachment 2a is the deposit copy of
`
`Document 2.
`
`67. Allowing for substantial time between the Copyright Office date
`
`stamp of 18 April 2001 and the book’s appearance on library shelves, where it
`
`would be publicly available, it is my opinion that Document 1 was publicly
`
`available in at least at the Library of Congress by no later than the end of 2001.
`
`3.
`Conclusion
`68. Based on the evidence presented here—book publication, copyright
`
`registration, and library processing and cataloging—it is my opinion that
`
`Document 2 is an authentic document that was bibliographically identifiable
`
`by 5 October 2000, was available from its publisher by January 2001, and
`
`was publicly available in at least one library by the end of 2001.
`
`Document 3. Resolution A.817(19), Performance Standards for
`Electronic Chart Display and Information Systems, in International
`Maritime Organization, Nineteenth Assembly Resolutions and Other
`Decisions, Resolutions 780-838, 13-23 November 1995 (London:
`International Maritime Organization, 1996): 234-245
`
`1.
`
`Authentication
`
`16
`
`17
`
`
`
`69. Document 3is a performance standards resolution adopted by the 19th
`
`session of the International Maritime Organization and published in a 1996 issue
`
`by that organization
`
`70. Attachment 3a is a true and correct copy of Document 3 (along with
`
`the volume cover, title page, title page verso, and contents pages) from the Los
`
`Angeles Law Library. Attachment 3b is a true and correct copy of the Los
`
`Angeles Law Library series catalog record for the International Maritime
`
`Organization Assembly Resolutions, showing holdings for the 12th through the
`
`24th Assemblies, including therefore the 19th Assembly.
`
`71. Attachment 3a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, the text of Document 3 is not missing any intermediate
`
`pages of the article’s text, the text on each page appears to flow seamlessly from
`
`one page to the next, and there are no visible alterations to the document.
`
`Attachment 3a was found within the custody of a library – a place where if
`
`authentic it would likely be.
`
`72.
`
`I conclude, based on finding Document 3 in a library and in finding
`
`library catalog records for Document 3, that Attachment 3a is an authentic copy of
`
`Document 3.
`
`2.
`
`Public Accessibility
`
`17
`
`18
`
`
`
`73. Attachment 3c as a true and correct copy of the Statewide Illinois
`
`Library Catalog series catalog record for the International Maritime Organization
`
`Assembly Resolutions, showing this series was first published in 1981 and is held,
`
`as a series, by 417 libraries world-wide. Researchers would have had no difficulty
`
`finding copies of the International Maritime Organization Assembly Resolutions.
`
`74. Attachment 3d is a copy of Document 3 from the Library of
`
`Congress. The title page (p. 14 of Attachment 3d) bears a Library of Congress
`
`CIP [Cataloging in Publication] date stamp of 22 September 1997. I do not see
`
`any indications or have any reason to believe this date stamp was affixed by
`
`anyone other than library personnel on or about the date indicated by the stamp.
`
`Allowing for substantial time between processing in the CIP unit and the book’s
`
`appearance on Library of Congress shelves, where it would be publicly available,
`
`I conclude that Document 3 was publicly available by the mid-year 1998.
`
`75. Attachment 3e as a true and correct copy of the Statewide Illinois
`
`Library Catalog monograph catalog record for the International Maritime
`
`Organization Assembly Resolutions, showing this book was published in 1996
`
`and is held, as a book, by 9 libraries world-wide. Attachment 3e has a date of
`
`Entry of 17 March 1998. I conclude that Document 3 was publicly available in at
`
`least one library by April 1998.
`
`18
`
`19
`
`
`
`76. Attachment 3f is a true and correct copy of a Google Scholar list
`
`identifying 12 documents citing Document 3. One of these documents is
`
`“Technology and the Times,” an introduction by Read Admiral James C. Card to
`
`the Proceedings of the Marine Safety Council, 53, 3 (July-September 1996). The
`
`paper in these Proceedings that cites Document 3 is Attachment 3g, a true and
`
`correct copy of Lieutenant Frank J. Elfring and Irene M. Gonin, “Out of the Fog,”
`
`on pp. 20-25 of the Proceedings Document 3 is the 2nd item in the list of
`
`references on p. 25.
`
`Conclusion
`3.
`77. Based on the evidence presented here—publication in the widely held
`
`series, library processing and cataloging, and citation—it is my opinion that
`
`Document 3 is an authentic document that was publicly available to
`
`researchers by April 1998. The citation evidence presented here indicates that
`
`Document 3 was in actual use by researchers much earlier, at least by September
`
`1996.
`
`Document 4. Hein Sabelis, “Voyage Planning in ECDIS,” International
`Hydrographic Review, 76,2 (September 1999): 41-48.
`
`1.
`
`Authentication
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`78. Document 4 is a research paper by Hein Sabelis published in the
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`September 1999 issue of International Hydrographic Review.
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`79. Attachment 4a is a true and correct copy of Document 4 (along with
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`the volume cover, a list of other publications, inside cover, and contents page)
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`from the Southern Illinois University Library. Attachment 4b is a true and correct
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`copy of the that library’s catalog record for International Hydrographic Review
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`showing holdings for the September 1999 issue of this periodical.
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`80. Attachment 4a is in a condition that creates no suspicion about its
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`authenticity. Specifically, Document 4 is not missing any intermediate pages of
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`the article’s text, the text on each page appears to flow seamlessly from one page
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`to the next, and there are no visible alterations to the document. Attachment 4a
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`was found within the custody of a library – a place where if authentic it would
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`likely be.
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`81. Attachment 4c is a true and correct copy of the Scopus index record
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`for Document 4.
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`82.
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`I conclude, based on finding Document 4 in a library and in finding
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`library catalog records and an indexing record for Document 4, that Attachment
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`4a is an authentic copy of Document 4.
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`2.
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`Public Accessibility
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`83. Attachment 4d as a true and correct copy of the Statewide Illinois
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`Library Catalog record for International Hydrographic Review, showing this
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`periodical was first published in 1947 and is held by 150 libraries world-wide.
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`Researchers would have had no difficulty finding copies of International
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`Hydrographic Review.
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`84. Attachment 4a, from the Southern Illinois University Library,
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`includes a library date stamp indicating that the September 1999 issue of
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`International Hydrographic Review was processed on 15 February 2000. Based
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`on my experience, I affirm this date stamp has the general appearance of date
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`stamps that libraries have long affixed to periodicals in processing them. I do not
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`see any indications or have any reason to believe this date stamp was affixed by
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`anyone other than library personnel on or about the date indicated by the stamp.
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`85. Allowing for some time between the date stamping of the September
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`1999 issue of International Hydrographic Review and its appearance on library
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`shelves, where it would be publicly available, it is my opinion that Document 4
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`was publicly available at least by March 2000.
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`86. Attachment 4e is a true and correct copy of a paper by Zdzislaw
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`Kopacz et al., “An Attempt of the Specification of the Ship’s Navigation Process,”
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`Annual of Navigation, 2 (2001): 97-109. Annual of Navigation; The Journal of
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`Polish Navigation Forum is an open access De Gruyter publication. Attachment
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`4d is a true and correct copy of the Kopacz paper available from BazTech, a
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`bibliographic database containing citations from Polish journals on engineering,
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`technology, sciences, and the environment. Attachment 4e is available as a PDF
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`download from the BazTech index page for the Kopacz paper,
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`http://yadda.icm.edu.pl/baztech/element/bwmeta1.element.baztech-article-BAT3-
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`0024-0098 . The Kopacz cites Document 4 as the 17th item in its list of
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`references. The Kopacz paper is labeled as having been received at the Annual of
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`Navigation in October 2000.
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`Conclusion
`3.
`87. Based on the evidence presented here—publication in the widely held
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`periodical, online indexing and publication, library processing, and citation—it is
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`my opinion that Document 4 is an authentic document that was publicly
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`available to researchers by March 2000. The citation evidence presented here
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`indicates that Document 4 was in actual use by researchers at least by October
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`2000.
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`Document 5. WAN Xiaoxia and GAN Ghukohua, “Electronic chart
`display and information system,” Geo-spatial Information Science, 5,1
`(March 2002): 7-11, 21.
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`1.
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`Authentication
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`88. Document 5 is a research paper by Wan Xiaoxia and Gan Ghukohua
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`published in the March 2002 issue of Geo-spatial Information Science.
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`89. Attachment 5a is a true and correct copy of Document 5 (along with
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`the issue cover, inside cover and contents page, list of editors, and publication
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`information) from the Library of Congress. Attachment 5b is a true and correct
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`copy of the Library of Congress catalog serial record for Geo-spatial Information
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`Science showing holdings for volumes 4-7 of this periodical, including volume 5
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`in which Document 5 was published.
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`90. Attachment 5a is in a condition that creates no suspicion about its
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`authenticity. Specifically, Document 5 is not missing any intermediate pages of
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`the article’s text, the text on each page appears to flow seamlessly from one page
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`to the next, and there are no visible alterations to the document. Attachment 5a
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`was found within the custody of a library – a place where if authentic it would
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`likely be.
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`91. Geo-spatial Information Science is published by Springer, a major
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`science publisher, in conjunction with the Wuhan University of Technology.
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`Attachment 5c is a true and correct copy of the online SpringerLink index record
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`for Document 5.
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`92. Attachment 5d is a true and correct copy of the online publication of
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`Document 5 in SpringerLink.
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`93.
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`I conclude, based on finding Document 5 both in a library and online,
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`and on finding library catalog records and an indexing record for Document 5, that
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`Attachment 5a is an authentic copy of Document 5.
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`2.
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`Public Accessibility
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`94. Attachment 5e as a true and correct copy of the Statewide Illinois
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`Library Catalog record for Geo-spatial Information Science, showing this
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`periodical was first published in 1998 and is held by 38 libraries world-wide.
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`Researchers would have had no difficulty finding copies of Geo-spatial
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`Information Science.
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`95. Attachment 5a, from the Library of Congress, includes a mostly
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`illegible library date stamp (on p 7 of the attachment); under magnification, only
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`the name Library of Congress can be made out. It is reasonable to infer that the
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`March 2002 issue of Geo-spatial Information Science was received as part of the
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`library’s ordinary subscription and that the March 2002 issue would have been
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`processed and made publicly available at the Library of Congress in the normal
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`course of the library’s activities, most probably within six months