`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`MAXELL, LTD.,
`Patent Owner
`____________
`
`IPR2020-00407 – Patent 6,748,317
`IPR2020-00408 – Patent 6,430,498
`IPR2020-00409 – Patent 6,580,999
`____________
`
`SUPPLEMENTAL DECLARATION OF JACOB ROBERT MUNFORD
`
`IPR2020-00409
`Apple Inc. EX1054 Page 1
`
`
`
`I have been asked to address Patent Owner’s argument that a “Do Not
`
`Circulate” stamp on the 25th page (Ex. 1009, 38) of App. AB01 to my original
`
`declaration means this resource “was not meant for public use.” Paper 6, 26-27.
`
`Based on my experience with such stamps and my personal experience accessing
`
`AB01 as a member of the public, it is my opinion that Patent Owner is incorrect.
`
`In my experience as a librarian, stamping “Do Not Circulate” on a reference
`
`indicates only that some restrictions are placed on the permitted transactions. Based
`
`on my personal experience accessing AB01, the stamp in question does not mean
`
`the reference is inaccessible to the public, but instead that it cannot be removed from
`
`the premises. The sticker receipt on the 3rd page of AB01 (Ex. 1009, 16) indicates I
`
`requested this volume as of November 18, 2019 and the book was pulled from the
`
`archival shelf a few hours later. I made that request via their public catalog. For my
`
`specific transaction, I was informed that AB01 would be held in a special collections
`
`room, but that the book could not leave the library. The staff did not restrict my
`
`ability to handle the book or make reproductions within the library.
`
`It is my opinion that, for AB01 specifically, the “Do Not Circulate” stamp is
`
`directly related to the “Storage Facility” notice, indicated on the 3rd page of AB01
`
`(Ex. 1009, 16). Books held in off-site archives often have specific restrictions to
`
`facilitate long-term preservation. Consistent with this well-accepted practice, the
`
`library allowed me to access and photocopy the reference, but not remove it.
`
`IPR2020-00409
`Apple Inc. EX1054 Page 2
`
`
`
`
`
`Dated: 6/3/2020
`
`Jacob Robert Munford
`
`
`
`IPR2020-00409
`Apple Inc. EX1054 Page 3
`
`
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