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`I, Marilyn McSweeney, state and declare as follows:
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`1. I am the Program Manager for Acquisitions and Discovery Enhancement at the
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`Massachusetts Institute of Technology ("MIT") Libraries, 77 Massachusetts
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`Avenue, Building 14E-210, Cambridge, Massachusetts 02139.
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`2. I am over 18 years of age and am competent to make this Declaration. I make this
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`Declaration based on my own personal knowledge, based on my knowledge and
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`review of the business records and practices of the MIT Libraries, and based on
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`conversations with employees on my staff.
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`3. I have been employed at MIT since 1971, and have held many different positions
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`in several different units of the MIT Libraries.
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`4. I have knowledge of the MIT Libraries' normal business practices with respect to
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`how MIT receives, catalogs, indexes, shelves, and makes available to the public
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`student theses.
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`5. Attached as Exhibit A to this Declaration is a true and accurate copy of the
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`catalog record from the MIT Libraries' online catalog system (known as the
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`Barton Catalog) for the thesis titled "Automating the Design of Packaging
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`Families Using PacklT, The Packager's Inferencing Tool" by Thomas R. Amari
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`(the "Amari Thesis"). This is a record that MIT maintains in the ordinary course
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`of its regular activities.
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`6. Attached as Exhibit B to this Declaration is a true and accurate copy of the Amari
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`Thesis. The Amari Thesis, which is 130 pages in length, is available in its
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`entirety from the MIT Libraries.
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`It can also be vie\ved at the following URL:
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`206713.1
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` 1
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`Google - Yahoo! Exhibit 1007
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`
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`http://dspace.mit.edu/handle/l 721.1/14786. The Amari Thesis is a record that
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`MIT maintains in the ordinary course of its regular activities.
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`7. The Amari Thesis has an MIT Libraries date stamp of "JUN 25 1987," indicating
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`that the MIT Libraries received this thesis on June 25, 1987.
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`8. After a thesis has been received by the MIT Libraries, any member of the public
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`may, if they know of the existence of the specific thesis by name, request to view
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`a copy of it in the MIT Libraries.
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`9. The Amari Thesis has a cataloging date of December 21, 1987 (shown as 871221
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`in line number 008 of Exhibit A), indicating it was entered into OCLC, the
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`national bibliographic utility in which MIT does its cataloging, on December 21,
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`1987.
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`10. One to three business days after a thesis receives a cataloging date in the MIT
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`Libraries, a record of its existence will appear in the list of results of a relevant
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`search of the MIT Libraries' collections via the Barton Catalog. The Barton
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`Catalog is available online to any user of the World Wide Web. Prior to the
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`creation of the Web, access to the records in the Barton Catalog was limited to
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`people who were on the MIT campus or otherwise had access to the OCLC
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`database.
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`11. Based on the practices in place at the time, the Amari Thesis would have appeared
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`in a relevant Barton Catalog search conducted one to three business days after
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`December 21, 1987.
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`12. From at least June 1987 until July 2001, the Barton Catalog allowed keyword
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`searching only for words in the thesis title. From July 2001 to the present, the
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`206713.1
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`2
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`
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`Barton Catalog allowed keyword searching for a number of additional fields,
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`including author, title, thesis supervisor, degree, and department.
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`13. After a thesis receives a cataloging date in the MIT Libraries, any member of the
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`public may request and purchase a copy of it from MIT.
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`14. After being cataloged in OCLC, a thesis undergoes a process of being labeled and
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`moved to a shelf of the MIT Libraries. This process typically takes two to four
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`weeks. According to MIT's normal business practice at the time, the Amari
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`Thesis would have been displayed on a shelf of the MIT Libraries no later than
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`January 18, 1988.
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`15. Once shelved in the MIT Libraries, a thesis can be borrowed by a member of the
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`MIT community, and a copy can be purchased by any member of the public.
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`16. On August 8, 2005, the entire Amari Thesis was made available for viewing on
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`MIT's online database known as DSpace.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on
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`November 26, 2013, at Cambridge, Massachusetts.
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`206713.1
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`3
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