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`REVISED DECLARATION OF MARLA HIRTH REGARDING THE
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`AUTHENTICITY AND PUBLIC A VILABLITY OF PETITION
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`REFERENCES
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`I, Marla Hirth declare as follows:
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`being over the age l. My name is Marla Hirth. Based on my background,
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`of eighteen (18), and being of sound mind, I am competent to make this Declaration.
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`2. I am presently a Senior Researcher at the Washington, DC office of
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`Patton Boggs (US) LLP and I have held this role from June 2006. In this role,
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`I provide reference and research assistance for attorneys and support staff within the
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`firm on a wide variety of legal and non-legal topics using both general internet and
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`online subscription based resources. I also work with outside research vendors and
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`staff in private, academic and government sector libraries to obtain research
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`materials on behalf of the firm's library users.
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`Assistant at the Washington3. Prior to my current role, I was a Library
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`DC office of Squire Patton Boggs (US) LLP from November 1997 through June
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`2006, when I was promoted to Senior Researcher. In this role, I arranged interlibrary
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`loans both as a boITower for the firm's attorneys and paralegals and as a lender to
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`other local firm libraries. I also assisted with cataloging of the firm's library
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`materials.
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`4. Prior to my employment with Squire Patton Boggs (US) LLP, I worked
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`as a Library Assistant at Telesec Co restaff Library Services from 1995 to 1997,
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`where I worked as a library assistant on a part-time and/or temporary basis for
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`various Washington D.C. area libraries. I helped with collection maintenance -
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`mainly sorting newly purchased materials, cataloging, updating loose-leaf binders
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`and shelving of books.
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`5.
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`I have been in the field of library science for more than 24 years, where
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`I have supported attorneys and other professional staff through the provision of and
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`access to the requisite print and/or digital materials and services from various
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`national and international libraries.
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`I.
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`Preliminaries
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`A.
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`6.
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`Periodical Publications
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`A library typically creates a catalog record for a periodical publication
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`when the library receives its first issue. When the institution receives subsequent
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`issues/volumes of the periodical, the issues/volumes are checked in (often using a
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`date stamp), added to the institution’s holding records, and made available very soon
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`thereafter - normally within a few days of receipt or (at most) within a few weeks
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`of receipt.
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`7.
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`The initial periodicals record will sometimes not reflect all subsequent
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`changes in publication details (including minor variations in title, etc.).
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`Publications in Series: Conference Proceedings/Technical Report
`B.
`publications
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`8.
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`A library typically creates a MARC (Machine-Readable Cataloging)
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`catalog record for a series of closely related publications, such as the proceedings of
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`an annual conference or a technical report when the library receives its first issue
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`and assumes there will be annual or succeeding issues/volumes/reports. When the
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`institution receives subsequent issues/volumes/reports of the series, the
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`issues/volumes/reports are checked in (sometimes using a date stamp), added to the
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`institution’s holdings records, and made available very soon thereafter—normally
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`within a few days of receipt or (at most) within a few weeks of receipt. The initial
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`series record may not reflect all subsequent changes in publication details (including
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`minor variations in title, etc.).
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`C.
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`9.
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`Ownership and date stamp
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`Every library sets its own practice or policy on whether-or-not to date
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`stamp, but all will have an ownership stamp somewhere in the publication—
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`typically on the cover page, verso of the cover page, or a designated page within the
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`publication, sometimes even on the top, side, or bottom edge of the monograph or
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`periodical. The ownership and date stamp can also vary from one library to another
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`when the stamp is entered on the monograph or periodical. It could occur when
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`received in acquisitions after shipment to the library, or it could be at time of
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`cataloging. Therefore, there could be instances when the date of receipt precedes the
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`cataloging date or vice versa.
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`D.
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`International Standard Book Number
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`10. An International Standard Book Number (ISBN) was a 10-digit code
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`(until December 2006) and is now a 13-digit code. The ISBN is calculated using a
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`specific mathematical formula and includes a check digit to validate the number.
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`Each ISBN consists of five elements with each section being separated by spaces or
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`hyphens. Three of the five elements may be of varying length: (i) Prefix element -
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`currently this can only be either 978 or 979. It is always three digits in length; (ii)
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`Registration group element - this identifies the particular country, geographical
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`region, or language area participating in the ISBN system. This element may be
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`between one and five digits in length; (iii) Registrant element - this identifies the
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`particular publisher or imprint. This may be up to seven digits in length; (iv)
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`Publication element - this identifies the particular edition and format of a specific
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`title. This may be up to six digits in length and (v) check digit - this is always the
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`final single digit that mathematically validates the rest of the number. It is calculated
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`using a Modulus 10 system with alternate weights of one and three.
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`11. An ISBN is essentially a product identifier used by publishers,
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`booksellers, libraries, internet retailers and other supply chain participants for
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`ordering, listing, sales records and stock control purposes. The ISBN identifies the
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`registrant as well as the specific title, edition and format. ISBNs are assigned to text-
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`based monographic publications (i.e. one-off publications rather than journals,
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`newspapers, or other types of serials). Any book made publicly available, whether
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`for sale or on a gratis basis, can be identified by ISBN. In addition, individual
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`sections (such as chapters) of books or issues or articles from journals, periodicals
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`or serials that are made available separately may also use the ISBN as an identifier.
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`The publisher of the book is typically the applicant for the ISBN.
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`E.
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`Indexing
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`12. A researcher may discover material relevant to his or her topic in a
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`variety of ways. One common means of discovery is to search for relevant
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`information in an index of periodical and other publications. Having found relevant
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`material, the researcher will then normally obtain it online, look for it in libraries, or
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`purchase it from the publisher, a bookstore, a document delivery service, or other
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`provider. Sometimes, the date of a document’s public accessibility will involve both
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`indexing and library date information. However, date information for indexing
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`entries is often unavailable. This is especially true for online indices.
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`13.
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`Indexing services use a wide variety of controlled vocabularies to
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`provide subject access and other means of discovering the content of documents.
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`The formats in which these access terms are presented vary from service to service.
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`14. Online indexing services commonly provide bibliographic information,
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`abstracts, and full-text copies of the indexed publications, along with a list of the
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`documents cited in the indexed publication. These services also often provide lists
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`of publications that cite a given document. A citation of a document is evidence that
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`the document was publicly available and in use by persons interested and ordinarily
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`skilled in the subject matter or art no later than the publication date of the citing
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`document.
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`15. Online indexing services such as Google Scholar
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`(https://scholar.google.com/) or Science Direct (https://www.sciencedirect.com/)
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`commonly provide bibliographic information, abstracts, and full-text copies of the
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`indexed publications, along with a list of the documents cited in the indexed
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`publication. These services also often provide lists of publications that cite a given
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`document.
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`16. A citation of a document by another is evidence that the document was
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`publicly available and in use no later than the publication date of the citing
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`document.
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`II. Cited References in the Inter Partes Review
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`A. Document #1: Chang, Sha X., Timothy J. Cullip, and Katharin M.
`Deschesne, Intensity modulation delivery techniques Step & shoot MLC
`auto-sequence versus the use of a modulator, International Journal of
`Medical Physics Research and Practice 27.5 (2000).
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`17. Document #1 is a research paper written by Sha X. Chang et al. and
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`published in the May 2000, Volume 27, Number 5 issue of Medical Physics.
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`18. Attachment la and Attachment lb are true and accurate copies of
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`Document #1, along with the cover, publication information page, and contents
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`pages of the May 2000, Volume 27, Number 5 issue of Medical Physics.
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`19.
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`I received Attachment la from our firm’s vendor, PENCO Information
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`Retrieval (“PENCO”), who obtained Attachment la from the Library of Congress
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`(“LOC”) on October 8, 2019.
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`20.
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`I also received Attachment lb from our firm’s vendor, PENCO, who
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`obtained Attachment lb from the National Library of Medicine (“NLM”) on October
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`8, 2019.
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`21.
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`I have inspected both Attachments la and lb. Both Attachments 1 a and
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`lb are in a condition that creates no suspicion about their authenticity. Document #1
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`is complete and is not missing any intermediate pages of the article’s text. Text on
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`each page appears to flow seamlessly from one page to the next, and there are no
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`visible alterations to the document. As I understood from PENCO’s representative,
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`Attachments la and lb were found within the custody of the LOC and NLM
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`respectively and I understand that they would be found there today. A true and
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`accurate copy of Document #1 is also readily available for access online.1
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`22.
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`Attachment la (which is a copy of the Document #1 obtained from the
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`LOC) includes a date stamp on the cover indicating that the May 2000 issue of
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`Medical Physics was processed at that library on “JUN 1 2000.” Based on my
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`experience and knowledge, I affirm this date label has the general appearance of date
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`labels that libraries have long affixed to periodicals in processing them. I do not see
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`any indications or have any reason to believe this date label was affixed by anyone
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`other than library personnel on or about that date.
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`23. Attachment lb (which is a copy of the Document #1 obtained from the
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`NLM) includes a date sticker on the cover indicating that the May 2000 issue of
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`Medical Physics was “received” at that library on “05-24-2000.” Based on my
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`experience and knowledge, I affirm this date label has the general appearance of date
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`labels that libraries have long affixed to periodicals in processing them. I do not see
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`any indications or have any reason to believe this date label was affixed by anyone
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`other than library personnel on or about that date.
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`24.
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`I also conducted/reviewed a search for this reference on Google
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`Scholar. The returned search results from Google Scholar indicate that Document
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`1 https://aapm.onlinelibrarv.wiley.eom/doi/abs/10.l 118/1.598989 (Last accessed
`October 16, 2019).
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`#1 had been cited approximately 25 times prior to August 11, 2003. Attachment lc
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`is a true and correct copy of the search results returned from Google Scholar for
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`Document #1. Attachment lc reports the number of citing references shown in
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`Google Scholar for Document #1.
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`B. Document #2: Chang. S. X.. and L. D. Potter, An iterative “Step &
`Shoot” MLC-IMRT segmentation algorithm for continuous intensity maps,
`International Journal of Radiation Oncology* Biology Physics 51.3 (2001):
`408.
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`25. Document #2 is an abstract written by Sha X. Chang et al. and
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`published in the November 2001, Volume 51, Number 3 Supplement 1 issue of
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`International Journal of Radiation Oncology Biology Physics.
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`26. Attachment 2 is a true and accurate copy of Document 2, along with the
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`cover, publication information page, and contents pages of the November 2001,
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`Volume 51, Number 3 Supplement 1 issue of International Journal of Radiation
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`Oncology Biology Physics.
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`27.
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`I received Attachment 2 from our firm’s vendor, PENCO, who obtained
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`Attachment 2 from the LOC on October 7, 2019.
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`28.
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`I have inspected Attachment 2. Attachment 2 is in a condition that
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`creates no suspicion about its authenticity. Document #2 is complete and is not
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`missing any intermediate pages of the article’s text. Text on each page appears to
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`flow seamlessly from one page to the next, and there are no visible alterations to the
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`document. As I understood from PENCO’s representative, Attachment 2 was found
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`within the custody of the LOC and I understand that it would be found there today.
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`A true and accurate copy of Document #2 is also readily available for access online.2
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`29.
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`Attachment 2 (which is a copy of the Document #2 obtained from the
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`LOC) includes a date stamp on the cover indicating that the November 2001 issue
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`of International Journal of Radiation Oncology Biology Physics was processed at
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`that library on “NOV 6 2001.” Based on my experience, I affirm this date label has
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`the general appearance of date labels that libraries have long affixed to periodicals
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`in processing them. I do not see any indications or have any reason to believe this
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`date label was affixed by anyone other than library personnel on or about that date.
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`C. Document #3: Siochi, R. Alfredo C., Minimizing static intensity
`modulation delivery time using an intensity solid paradigm, International
`Journal of Radiation Oncology Biology Physics 43.3 (1999): 671-680.
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`30. Document #3 is a research paper written by R. Alfredo C. Siochi. PhD.
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`and published in the February 1, 1999, Volume 43, Number 3 issue of International
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`Journal of Radiation Oncology Biology Physics.
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`31. Attachment 3a and Attachment 3b are true and accurate copies of
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`Document #3, along with the cover, publication information page, and contents
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`pages of the February 1, 1999, Volume 43, Number 3 issue of International Journal
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`of Radiation Oncology Biology Physics.
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`2 https://www.redioumal.org/article/SQ360-3016(0l)02575-5/abstract (Last
`accessed October 16, 2019).
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`32.
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`I received Attachment 3a from our firm’s vendor, PENCO, who
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`obtained Attachment 3a from the LOC on October 7, 2019.
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`33.
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`I also received Attachment 3b from our firm’s vendor, PENCO, who
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`obtained Attachment 3b from the NLM on October 7, 2019.
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`34.
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`I have inspected Attachments 3a and 3b. Both Attachments 3a and 3b
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`are in a condition that creates no suspicion about their authenticity. Document #3 is
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`complete and not missing any intermediate pages of the article’s text. Text on each
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`page appears to flow seamlessly from one page to the next, and there are no visible
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`alterations to the document. As I understood from PENCO’s representative,
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`Attachments 3a and 3b were found within the custody of the LOC and NLM
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`respectively and I understand that they would be found there today. A true and
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`accurate copy of Document #3 is also readily available for access online.3
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`35.
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`Attachment 3a (which is a copy of the Document #3 obtained from the
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`LOC) includes a date stamp on the cover indicating that the February 1, 1999, issue
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`of International Journal of Radiation Oncology Biology Physics was processed at
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`that library on “MAR 31 1999.” Based on my experience and knowledge, I affirm
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`this date label has the general appearance of date labels that libraries have long
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`affixed to periodicals in processing them. I do not see any indications or have any
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`3 https.V/www.sciencedirect.com/science/article/pii/S0360301698004301 (Last
`accessed October 16, 2019).
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`reason to believe this date label was affixed by anyone other than library personnel
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`on or about that date.
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`36. Attachment 3b (which is a copy of the Document #3 obtained from the
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`NLM) includes a date sticker on the cover indicating that the February 1, 1999, issue
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`of International Journal of Radiation Oncology Biology Physics was “received” at
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`that library on “03-08-1999.” Based on my experience and knowledge, I affirm this
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`date label has the general appearance of date labels that libraries have long affixed
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`to periodicals in processing them. I do not see any indications or have any reason to
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`believe this date label was affixed by anyone other than library personnel on or about
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`that date.
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`37.
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`I also conducted/reviewed a search for this reference on Google
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`Scholar. The returned search results from Google Scholar indicate that Document
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`#3 had been cited approximately 57 times prior to August 11, 2003. Attachment 3c
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`is a true and correct copy of the search results returned from Google Scholar for
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`Document #3. Attachment 3c reports the number of citing references shown in
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`Google Scholar for Document #3.
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`D. Document #4: Boyer, Arthur, et al., Basic applications of multileaf
`collimators: report of Task Group No 50, Radiation Therapy Committee,
`American Institute of Physics for the AAPM, New York, NY (2001).
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`38. Document #4 is a book written by Arthur Boyer and published for the
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`American Association of Physicists in Medicine by Medical Physics Publishing
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`39. Attachment 4a is a true and accurate copy of Document #4, along with
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`the cover, publication information page, and contents pages of the July 2001 AAPM
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`Report NO. 72 that Squire Patton Boggs downloaded from the AAPM website on or
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`about September 24, 2019.
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`40. Attachment 4b is a true and accurate copy of my September 24, 2019
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`request for the publication history of Document #4 to Ms. Bobbett Shaub, the
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`General Manager of Medical Physics Publishing and Ms. Shaub’s response to my
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`request. In her response, Ms. Shaub stated that “[Document #4] would have been
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`available for sale on the publication date in the book... July 2001.”
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`41.
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`I also visited the publisher’s website (https://medicalphvsics.org) on
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`October 16, 2019 and entered the following query into search box, “Basic
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`applications of multileaf collimators”. Attachment 4c is a true and accurate copy of
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`the search results from this website, which confirms the “2001” publication date for
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`Document #4 and its ISBN, “9781888340303.”
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`42.
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`I have inspected Attachment 4a. Attachment 4a is in a condition that
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`creates no suspicion about its authenticity. Document #4 is complete and is not
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`missing any intermediate pages of the article’s text. Text on each page appears to
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`flow seamlessly from one page to the next, and there are no visible alterations to the
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`document. As I understood from Medical Physics Publishing representative,
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`Attachment 4a was found within the custody of its publishing records and I
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`understand that it would be found there today. A true and accurate copy of Document
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`#4 is also readily available for access online.4
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`43.
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`I also conducted/reviewed a search for this reference on Google
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`Scholar. The returned search results from Google Scholar indicate that Document
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`#4 had been cited approximately 9 times prior to August 11, 2003. Attachment 4d is
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`a true and correct copy of the search results returned from Google Scholar for
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`Document #4. Attachment 4d reports the number of citing references shown in
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`Google Scholar for Document #4.
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`Document #5: Webb, Steve, A simple method to control aspects of
`E.
`fluence modulation in IMRT planning, Physics in Medicine & Biology 46.7
`(2001): N187.
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`44. Document #5 is a research paper written by Steve Webb and published
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`in the July 2001, Volume 46, Number 7 issue of Physics in Medicine & Biology.
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`45. Attachment 5a is a true and accurate copy of Document #5, along with
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`the cover, publication information page, and contents pages of the July 2001,
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`Volume 46, Number 7 issue of Physics in Medicine & Biology.
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`46.
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`I received Attachment 5a from our firm’s vendor, PENCO, who
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`obtained Attachment 5a from the LOC on September 30, 2019.
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`4https://www.researchgate.net/nrofile/Peter Biggs/publication/253095104 BASIC
`APPLICATIONS OF MULTILEAF COLLIMATORS/links/57976c3bQ8aed51
`475e696fd/B ASIC-APPLICATIONS-OF-MULTILEAF-COLLIMATORS.pdf
`(Last accessed October 16, 2019).
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`47.
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`I have inspected Attachment 5a. Attachment 5a is in a condition that
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`creates no suspicion about its authenticity. Document #5 is complete and is not
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`missing any intermediate pages of the article’s text. Text on each page appears to
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`flow seamlessly from one page to the next, and there are no visible alterations to the
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`document. As I understood from PENCO’s representative, Attachment 5a was found
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`within the custody of the LOC and I understand that it would be found there today.
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`A true and accurate copy of Document #5 is also readily available for access online.5
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`48.
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`Attachment 5a (which is a copy of the Document #5 obtained from the
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`LOC) includes a date stamp on the cover indicating that the July 2001, Volume 46,
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`Number 7 issue of Physics in Medicine & Biology was processed at that library on
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`“JUL 16 2001.” Based on my experience and knowledge, I affirm this date label has
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`the general appearance of date labels that libraries have long affixed to periodicals
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`in processing them. I do not see any indications or have any reason to believe this
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`date label was affixed by anyone other than library personnel on or about that date.
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`49.
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`I also conducted/reviewed a search for this reference on Google
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`Scholar. The returned search results from Google Scholar indicate that Document
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`#5 had been cited approximately 7 times prior to August 11, 2003. Attachment 5b is
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`a true and correct copy of the search results returned from Google Scholar for
`
`^ https://iopscience.iop.Org/article/10.1088/0031-9155/46/7/403/meta (Last
`accessed October 16, 2019).
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`Document #5. Attachment 5b reports the number of citing references shown in
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`Google Scholar for Document #5.
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`Document #6: Webb, Steve, The physics of three dimensional
`F.
`radiation therapy: Conformal radiotherapy, radiosurgery and treatment
`planning, CRC Press, 1993.
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`50. Document #6 is a chapter of a book by Steve Webb and published by
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`the IOP Publishing in 1993.
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`51. Attachment 6a and Attachment 6b are true and accurate copies of
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`Document #6, along with the cover, publication information page, and contents
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`pages of the book by Steve Webb published by the IOP Publishing in 1993.
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`52.
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`I received Attachment 6a from our firm’s vendor, PENCO, who
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`obtained Attachment 6a from the LOC on September 30, 2019.
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`53.
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`I also received Attachment 6b from our vendor, PENCO, who obtained
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`Attachment 6b from the NLM on September 30, 2019.
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`54.
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`I have inspected both Attachments 6a and 6b. Both Attachments 6a and
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`6b are in a condition that creates no suspicion about their authenticity. Document #6
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`is complete and is not missing any intermediate pages of the article’s text. Text on
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`each page appears to flow seamlessly from one page to the next, and there are no
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`visible alterations to the document. As I understood from PENCO’s representative,
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`Attachments 6a and 6b were found within the custody of the LOC and NLM
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`respectively and I understand that they would be found there today. A true and
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`accurate copy of Document #6 is also readily available for access online.6
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`55. Attachments 6a and 6b, include a LOC catalog number “RM 849 W4
`
`1993” and a LOC Cataloguing-in-Publication data “LC # 93-6665.” Library of
`
`Congress Control Numbers (LOCNs) are record identifiers assigned by the Library
`
`of Congress to bibliographic and authority records. First established when the
`
`Library began printing catalog cards in 1898, these unique identifiers are assigned
`
`to records created when materials arrive at the Library. LCCNs have a fixed 12-
`
`character length, with three basic structural components6 7:
`
`a. LCCN prefix: The LCCN prefix may be blank or contain from one to three
`
`lowercase alphabetic characters (maintained in a controlled list). The prefixes
`
`differentiate between different LCCN series.
`
`b. Year information: The year information is formatted with either two or four
`
`digits representing the year in which the LCCN was assigned. LCCNs
`
`assigned through 2000 have two-digit years. LCCNs assigned 2001 and later
`
`use four digits.
`
`6 https://www.tavlorfrancis.com/books/9780367806477 (Last accessed October 16,
`2019).
`7https://catalog.loc.gov/vwebv/ui/en US/htdocs/help/numbers.html (Last accessed
`October 16, 2019).
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`c. Serial number: The serial number is six digits. For LCCNs assigned through
`
`2000, serial numbers with fewer than six digits are right-justified and padded
`
`with zeros. Beginning in 2001, hyphens separating the year and serial number
`
`on LCCN displays were removed.
`
`56. Occasionally LCCNs assigned before 2001 also have suffix and
`
`revision information. For example, LCCNs assigned 1898-2000 could be written as
`
`89000456 (or 89-456), gm 710002450 (or gm 71-2450), or n 79018774 (or n 79-
`
`18774). LCCNs assigned 2001 and later are written as 2001001114,
`
`mm2002084896, sh2006006990.
`
`57. Attachment 6a also contains an ISBN, 0-7503-0247-X. I also conducted
`
`an ISBN search listing at http://isbnsearch.org with this ISBN on October 12, 2019.
`
`Attachment 6c is a true and accurate copy of the ISBN search listing results, which
`
`confirms a January 1993 publication date for Document #6.
`
`58. Attachment 6a (which is a copy of the Document #6 obtained from the
`
`LOC) includes a date stamp on the cover indicating that Document #6 was processed
`
`at that library on “AUG 25, 1993.” Based on my experience and knowledge, I affirm
`
`this date label has the general appearance of date labels that libraries have long
`
`affixed to periodicals in processing them. I do not see any indications or have any
`
`reason to believe this date label was affixed by anyone other than library personnel
`
`on or about that date.
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`59. Attachment 6b (which is a copy of the Document #6 obtained from the
`
`NLM) includes a date sticker on the cover indicating that Document #6 was
`
`processed at that library on “MAY 3 1993.” Based on my experience and knowledge,
`
`I affirm this date label has the general appearance of date labels that libraries have
`
`long affixed to periodicals in processing them. I do not see any indications or have
`
`any reason to believe this date label was affixed by anyone other than library
`
`personnel on or about that date.
`
`60.
`
`I also conducted/reviewed a search for this reference on Google
`
`Scholar. The returned search results from Google Scholar indicate that Document
`
`#6 had been cited approximately 169 times prior to August 11, 2003. Attachment 6d
`
`is a true and correct copy of the search results returned from Google Scholar for
`
`Document #6. Attachment 6d reports the number of citing references shown in
`
`Google Scholar for Document #6.
`
`G. Document #7: Siebers, Jeffrey V., et al. Incorporating multi-leaf
`collimator leaf sequencing into iterative IMRT optimization. International
`Journal of Medical Physics Research and Practice 29.6 (2002).
`
`61. Document #7 is an article written by Jeffrey Siebers et al. and published
`
`in the June 2002, Volume 29, Number 6 issue of Medical Physics.
`
`62. Attachment 7a and Attachment 7b are true and accurate copies of
`
`Document #7, along with the cover, publication information page, and contents
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`pages of the article by Jeffrey Siebers et al. published in the June 2002, Volume 29,
`
`Number 6 issue of Medical Physics.
`
`63.
`
`I received Attachment 7a from our firm’s vendor, PENCO, who
`
`obtained Attachment 7a from the LOC on October 9, 2019.
`
`64.
`
`I received Attachment 7b from our firm’s vendor, PENCO, who
`
`obtained Attachment 7b from the NLM on October 9, 2019.
`
`65.
`
`I have inspected both Attachments 7a and 7b. Both Attachments 7a and
`
`7b are in a condition that creates no suspicion about their authenticity. Document #7
`
`is complete and not missing any intermediate pages of the article’s text. Text on each
`
`page appears to flow seamlessly from one page to the next, and there are no visible
`
`alterations to the document. As I understood from PENCO’s representative,
`
`Attachments 7a and 7b were found within the custody of the LOC and NLM
`
`respectively and I understand that they would be found there today. A true and
`
`accurate copy of Document #7 is also readily available for access online.8
`
`66.
`
`Attachment 7a (which is a copy of the Document #7 obtained from the
`
`LOC) includes a date stamp indicating that the article by Jeffrey Siebers et al.
`
`published in the June 2002, Volume 29, Number 6 issue of Medical Physics was
`
`processed at that library on “JUL 18 2002.” Based on my experience and knowledge,
`
`8 https://aapm.onlinelibrary.wilev.eom/doi/abs/10.l 118/1.1477230 (Last accessed
`October 16, 2019).
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`I affirm this date label has the general appearance of date labels that libraries have
`
`long affixed to periodicals in processing them. I do not see any indications or have
`
`any reason to believe this date label was affixed by anyone other than library
`
`personnel on or about that date.
`
`67. Attachment 7b (which is a copy of the Document #7 obtained from the
`
`NLM) includes a date sticker on the cover indicating that the article by Jeffrey
`
`Siebers et al. published in the June 2002, Volume 29, Number 6 issue of Medical
`
`Physics was “received” at that library on “2002-06-27.” Based on my experience
`
`and knowledge, I affirm this date label has the general appearance of date labels that
`
`libraries have long affixed to periodicals in processing them. I do not see any
`
`indications or have any reason to believe this date label was affixed by anyone other
`
`than library personnel on or about that date.
`
`68.
`
`I also conducted/reviewed a search for this reference on Google
`
`Scholar. The returned search results from Google Scholar indicate that Document
`
`#7 had been cited approximately 6 times prior to August 11, 2003. Attachment 7c is
`
`a true and correct copy of the search results returned from Google Scholar for
`
`Document #7. Attachment 7c reports the number of citing references shown in
`
`Google Scholar for Document #7.
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`Document #8: Shepard, D. M., et al. Direct aperture optimization: a
`H.
`turnkey solution for step-and-shoot IMRT. Medical physics 29.6 (2002):
`1007-1018.
`
`69. Document #8 is an article written by D.M. Shepard et al. and published
`
`in the June 2002, Volume 29, Number 6 issue of Medical Physics.
`
`70. Attachment 8a and Attachment 8b are true and accurate copies of
`
`Document #8, along with the cover, publication information page, and contents
`
`pages of the article by D.M. Shepard et al. published in the June 2002, Volume 29,
`
`Number 6 issue of Medical Physics.
`
`71.
`
`I received Attachment 8a from our firm’s vendor, PENCO, who
`
`obtained Attachment 8a from the LOC on October 9, 2019.
`
`72.
`
`I also received Attachment 8b from our firm’s vendor, PENCO, who
`
`obtained Attachment 8b from the NLM on October 9, 2019.
`
`73.
`
`I have inspected both Attachments 8a and 8b. Both Attachments 8a and
`
`8b are in a condition that creates no suspicion about their authenticity. Document #8
`
`is complete and is not missing any intermediate pages of the article’s text. Text on
`
`each page appears to flow seamlessly from one page to the next, and there are no
`
`visible alterations to the document. As I understood from PENCO’s representative,
`
`Attachments 8a and 8b were found within the custody of the LOC and NLM
`
`010-8905-2411/1/AMERICAS
`
`Elekta Ex. 1010
`
`
`
`respectively and I underst
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