Dr. Hsieh-Yee Declaration
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`In re Inter Partes Review of:
`)
`
`U.S. Patent No. 5,718,737
`)
`
`Issued: February 17, 1998
`)
`
`Application No.: 683/353
`)
`
`Filing Date: July 18, 1996
`)
`
`
`
`
`
`For: Method of Recycling Mixed Colored Cullet into Amber, Green, or Flint Glass
`
`
`__________________________________________________________________
`DECLARATION OF INGRID HSIEH-YEE, Ph.D.
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`
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`O-I Glass, Inc.
`Exhibit 1049
`Page 001
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`Dr. Hsieh-Yee Declaration
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`TABLE OF CONTENTS
`
`I.
`
`II.
`
`Page
`INTRODUCTION............................................................................................................. 1
`A.
`Qualifications And Professional Experience .......................................................... 1
`B.
`Scope Of This Declaration ...................................................................................... 9
`C.
`Person Of Ordinary Skill in the Art ...................................................................... 11
`D.
`Evidence Considered In Forming My Opinions ................................................... 12
`AUTHENTICITY AND PUBLIC AVAILABILITY OF DUCKETT
`(EXHIBIT 0001) .............................................................................................................. 19
`A.
`Library of Congress Records ................................................................................ 20
`B. WorldCat OCLC FirstSearch Record ................................................................... 23
`C.
`British Library Record .......................................................................................... 25
`D.
`University of Alberta Library Record ................................................................... 27
`E.
`Summary on Duckett ............................................................................................ 28
`III. AUTHENTICITY AND PUBLIC AVAILABILITY OF TOOLEY
`(EXHIBIT 0002) .............................................................................................................. 30
`A.
`Cornell University Library Records...................................................................... 32
`B.
`Library of Congress Record .................................................................................. 36
`C. WorldCat OCLC FirstSearch Record ................................................................... 38
`D.
`British Library Record .......................................................................................... 39
`E.
`Early Usage of Tooley .......................................................................................... 41
`F.
`Summary on Tooley .............................................................................................. 42
`IV. AUTHENTICITY AND PUBLIC AVAILABILITY OF SCHOLES
`(EXHIBIT 0003) .............................................................................................................. 42
`University of Wisconsin-Madison Library Records ............................................. 44
`A.
`B. WorldCat OCLC FirstSearch Record ................................................................... 47
`C.
`Library of Congress Record .................................................................................. 48
`D.
`British Library Record .......................................................................................... 50
`E.
`Actual usage of Scholes ........................................................................................ 52
`F.
`Summary on Scholes............................................................................................. 52
`AUTHENTICITY AND PUBLIC AVAILABILITY OF BAMFORD
`(EXHIBIT 0004) .............................................................................................................. 53
`
`V.
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`
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`Exhibit 1049
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`Dr. Hsieh-Yee Declaration
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`Library of Congress Records ................................................................................ 54
`A.
`B. WorldCat OCLC FirstSearch Record ................................................................... 58
`C.
`British Library Record .......................................................................................... 59
`D.
`Actual Usage of Bamford ..................................................................................... 60
`E.
`Summary on Bamford ........................................................................................... 61
`VI. CONCLUSION ............................................................................................................... 62
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`ii
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`O-I Glass, Inc.
`Exhibit 1049
`Page 003
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`Dr. Hsieh-Yee Declaration
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`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of O-I
`
`Glass, Inc. for an Inter Partes Review (“IPR”) proceeding before the United States
`
`Patent and Trademark Office (“PTO”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`3.
`
`As an initial matter, I note that my usual research has been hampered
`
`by the coronavirus pandemic because libraries are closed. I reserve the right to
`
`supplement this declaration when physical copies may be readily accessed.
`
`I.
`
`INTRODUCTION
`A. Qualifications And Professional Experience
`4. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae, a copy of which counsel has told me will be filed
`
`as Exhibit 1050. The following is a brief summary of my relevant qualifications
`
`and professional experience.
`
`5.
`
`I am currently a Professor in the Department of Library and Information
`
`
`
`1
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`O-I Glass, Inc.
`Exhibit 1049
`Page 004
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`Science at the Catholic University of America. I have experience working in an
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`academic library, a medical library, and a legislative library and have been a
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`professor for more than 25 years. I hold a Ph.D. in Library and Information Studies
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`from the University of Wisconsin-Madison and a Masters in Library and Information
`
`Studies from the University of Wisconsin-Madison.
`
`6.
`
`I am an expert on library cataloging and classification and have
`
`published two editions on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000 and 2006). I teach a variety of
`
`courses, including Cataloging and Classification, Advanced Cataloging and
`
`Classification, Organization of Internet Resources, Organization of Information,
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`Digital Content Creation and Management, Internet Searches and Web Design,
`
`Information Literacy Instruction, Advanced Information Retrieval and Analysis
`
`Strategies, and The Information Professions in Society. My research interests cover
`
`cataloging and classification, information organization, metadata, information
`
`retrieval, information architecture, digital collections, scholarly communication,
`
`user interaction with information systems, and others.
`
`7.
`
`I am very familiar with a library cataloging encoding standard known
`
`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
`
`became the national standard for sharing bibliographic data in the United States by
`
`1971 and the international standard by 1973. MARC is the primary communications
`2
`
`
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`O-I Glass, Inc.
`Exhibit 1049
`Page 005
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`Dr. Hsieh-Yee Declaration
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`protocol for the transfer and storage of bibliographic metadata in libraries. Experts
`
`in my field reasonably rely upon MARC records when forming their opinions.
`
`8.
`
`A MARC record consists of several fields, each of which contains
`
`specific data about the work. Each field is identified by a standardized, unique, three-
`
`digit code corresponding to the type of data that follows. Appendix 1 is a true and
`
`correct copy of Parts VII to X of “Understanding MARC Bibliographic: Machine-
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`Readable Cataloging” (http://www.loc.gov/marc/umb/um01to06.html) from the
`
`Library of Congress that explains commonly used MARC fields. For example, the
`
`personal author of the work is recorded in Field 100, the title is recorded in Field
`
`245, publisher information is recorded in Field 260, the physical volume and
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`characteristics of a publication are recorded in Field 300, and topical subjects are
`
`recorded in the 650 fields.
`
`9.
`
`The Online Computer Library Center (OCLC)
`
`is
`
`the
`
`largest
`
`bibliographic network of the world, with more than 473 million records and
`
`thousands of member institutions (many of which are libraries of some type) in more
`
`than 100 countries. OCLC was founded in 1967 to promote and support library
`
`cooperation. According to the “Third Article, Amended Articles of Incorporation of
`
`OCLC Online Computer Library Center, Inc.,” OCLC was created “to establish,
`
`maintain and operate a computerized library network and to promote the evolution
`
`of library use, of libraries themselves, and of librarianship, and to provide processes
`3
`
`
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`O-I Glass, Inc.
`Exhibit 1049
`Page 006
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`Dr. Hsieh-Yee Declaration
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`and products for the benefit of library users and libraries, including such objectives
`
`as increasing availability of library resources to individual library patrons and
`
`reducing the rate of rise of library per-unit costs, all for the fundamental public
`
`purpose of furthering ease of access to and use of the ever-expanding body of
`
`worldwide scientific, literary and educational knowledge and information.” The
`
`Third Article, Amended Articles of Incorporation of OCLC Online Computer
`
`Library Center, Inc. was last revised on November 30, 2016 and is available at
`
`https://www.oclc.org/content/dam/oclc/membership/articles-ofincorporation.pdf
`
`(presented as Appendix 2).
`
`10. OCLC members can contribute original cataloging records in MARC
`
`to the system or derive cataloging records from existing records, an activity referred
`
`to as “copy cataloging.” When an OCLC participating institution acquires a work, it
`
`can create an original MARC record for the work in OCLC’s Connexion system (a
`
`system for catalogers to create and share MARC records), and the system will
`
`automatically generate a code for the date of record creation in the yymmdd format,
`
`and the creating library’s OCLC symbol is recorded in subfield “a” of the 040 field.
`
`Once the MARC record is in Connexion, it becomes available to other OCLC
`
`members for adoption to their local online catalogs (i.e., copy cataloging).
`
`11. After a MARC record is created in Connexion, it also becomes
`
`searchable and viewable on WorldCat, which is a free web portal for users to explore
`4
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`Exhibit 1049
`Page 007
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`Dr. Hsieh-Yee Declaration
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`more than 10,000 libraries worldwide. The record in WorldCat, however, is not
`
`presented in MARC fields. Instead, the data elements are labeled to help users
`
`interpret the record. Thus, the information stored in MARC records in Connexion is
`
`available to the interested public through the user-friendly WorldCat web portal.
`
`12. WorldCat (http://www.worldcat.org) is “the world’s largest network of
`
`library content and services” and its features are summarized in “What is WorldCat”
`
`(http://www.worldcat.org/whatis/default.jsp). WorldCat began operation in January
`
`1998 as a free web portal to more than 10,000 library collections worldwide.
`
`Through WorldCat, users can search for information in their local libraries and
`
`libraries around the world. WorldCat allows users to search for books, CDs, videos,
`
`and many new types of digital content, such as audiobooks, in many languages.
`
`Users can also retrieve research materials and article citations with links to their full
`
`text. After an item is retrieved, WorldCat helps users identify a library nearby that
`
`holds the item or all the libraries that hold the item. WorldCat is an efficient way to
`
`explore the content held by more than 10,000 libraries around the world. WorldCat
`
`is publicly accessible, and there is no fee to perform a search on WorldCat.
`
`13. Library online catalogs gained acceptance in the early 1980s and many
`
`libraries migrated their systems to the World Wide Web in the mid-1990s. Library
`
`online catalogs are based on MARC records that represent their collections in order
`
`to help the public understand what materials are publicly accessible in those
`5
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`Exhibit 1049
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`Dr. Hsieh-Yee Declaration
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`libraries. Most libraries with online catalogs have made their catalogs freely
`
`available on the Web. These online catalogs offer user-friendly search interfaces.
`
`Strong user interest in keyword searches and the popularity of Google have led to
`
`the “googlization” of library search systems. As a result, many library catalogs now
`
`provide a single search box for users to conduct keyword searches, with additional
`
`support for searches by author, title, subject terms, and other data elements such as
`
`ISBN (International Standard Book Number). Library catalogs these days also offer
`
`features for users to narrow their search results by language, year, format, and other
`
`elements. Many libraries display MARC records on their online catalogs with labels
`
`for the data elements to help the public interpret MARC records. Many libraries also
`
`offer the option to display MARC records in MARC fields.
`
`14. Libraries create MARC records for works they acquire, including
`
`books, serials, motion pictures, and publications in other formats. Monograph
`
`cataloging is fairly common in libraries, and most libraries make a newly cataloged
`
`monograph available to the public soon after the cataloging work is completed,
`
`usually within a week. Libraries can create original cataloging records or use an
`
`existing record in OCLC to create a copy cataloging record. As soon as the
`
`cataloging record is completed, it is added to the library’s online catalog for users.
`
`If the record is an original record, it is also entered into OCLC WorldCat. If it is a
`
`copy cataloging record, the library’s holding symbol is attached to the existing
`
`
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`6
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`Exhibit 1049
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`Dr. Hsieh-Yee Declaration
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`original record in OCLC WorldCat to facilitate searching and interlibrary loan. As
`
`for the book itself, a common practice is to process the book quickly to make it
`
`available for public use. In most American academic libraries the processing of a
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`new book takes about a week. If workload is unusually heavy, the processing of a
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`new book may take slightly longer, but should not take more than a month after the
`
`cataloging record is completed.
`
`15. The cataloging of serials and the serial check-in process are discussed
`
`here to show how libraries usually provide access to newly received serial issues.
`
`According to the glossary of the RDA: Resource Description and Access cataloging
`
`standard, a serial is “a mode of issuance of a manifestation issued in successive parts,
`
`usually bearing numbering, that has no predetermined conclusion. A serial includes
`
`a periodical, monographic series, newspaper, etc.” Because the publisher of a serial
`
`makes new issues of the serial available successively, a customary cataloging
`
`practice is to create one bibliographic record for the serial, and the MARC serial
`
`record typically provides information on the beginning date and frequency of the
`
`serial, not the dates of individual issues. In other words, libraries typically do not
`
`create MARC records for individual issues of a serial. Instead, they rely on a serial
`
`check-in system to track the receipt of new issues. A common check-in practice is
`
`to date stamp a new issue when it arrives. This practice has become automated since
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`the late 1990s, and libraries now vary in how they share the receipt date of a new
`
`
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`7
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`serial issue with the public. Some libraries use a date stamp, some affix a label to
`
`indicate the receipt date, some pencil in the receipt date, and some do not provide
`
`the information to the public.
`
`16. The serial check-in process usually takes less than an hour, and one of
`
`the steps involves placing a date stamp on the new issue to document the date the
`
`issue is checked in. After that, the holdings information of the serial is updated in
`
`the library’s catalog so that users know which issues are available for request or
`
`access. After serial check-in is completed, the new issue is placed on the shelf with
`
`the previous issues of the serial. Libraries with a public periodical room typically
`
`place new issues in the periodical room for easy user access. Because information
`
`presented in serials often reflects latest discovery, a general practice of libraries is to
`
`make new issues of serials available for user access soon after they are checked in,
`
`usually within a week.
`
`17.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration I used the following authoritative
`
`information systems to search for records:
`
`• British Library (http://explore.bl.uk/)
`
`• Online
`
`catalog
`
`of
`
`the
`
`Cornell
`
`University
`
`Library
`
`(https://newcatalog.library.cornell.edu)
`
`
`
`8
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`Dr. Hsieh-Yee Declaration
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`• Google Scholar (https://scholar.google.com)
`
`• Online catalog of the Library of Congress (https://catalog.loc.gov)
`
`• Online
`
`catalog
`
`of
`
`the
`
`University
`
`of
`
`Alberta
`
`Library
`
`(https://www.library.ualberta.ca)
`
`• Online catalog of
`
`the University of Wisconsin-Madison Libraries
`
`(https://www.library.wisc.edu)
`
`• WorldCat (free for public access on the Web) (https://www.worldcat.org)
`
`• WorldCat on OCLC FirstSearch (https://firstsearch.oclc.org)
`
`These records are identified and discussed in this declaration. Experts in the field
`
`reasonably rely on the data described herein to form their opinions.
`
`B.
`18.
`
`Scope Of This Declaration
`
`I have been asked to offer an opinion on the authenticity and public
`
`availability dates of the following documents:
`
`(1) Duckett, E. J., (1979), The influence of color mixture on the use of
`
`glass cullet recovered from municipal solid waste, Conservation &
`
`Recycling, vol. 3, no. 2, pp. 175-185, obtained from Elsevier, the
`
`journal publisher, Exhibit 0001 (“Duckett”);
`
`(2) Tooley, F. V. (Ed.), (1984), The Handbook of Glass Manufacture:
`
`A Book of Reference for the Plant Executive, Technologist, and
`
`Engineer, 3rd ed., published by Books for the Glass Industry
`9
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`Dr. Hsieh-Yee Declaration
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`Division, Ashlee Pub. Co., obtained from Cornell University
`
`Library, Exhibit 0002 (“Tooley”);
`
`(3) Scholes, S., & Greene, Charles H., (1975), Modern Glass Practice,
`
`7th rev. ed., completely revised and enlarged by Charles H. Greene,
`
`published by Cahners Books, obtained from the University of
`
`Wisconsin-Madison Library on May 2, 2020, Exhibit 0003
`
`(“Scholes”);
`
`(4) Bamford, C. R., (1977), Colour Generation and Control in Glass,
`
`published by Elsevier, obtained from counsel, Exhibit 0004
`
`(“Bamford”).
`
`19.
`
`I am not a lawyer, so I am not rendering an opinion on the legal question
`
`of whether a particular document is, or is not, “legally” a “printed publication” under
`
`the law. However, I am rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on whether they were published. According to the
`
`U.S.
`
`Copyright
`
`Office’s
`
`Circular
`
`1,
`
`Copyright
`
`Basics
`
`(https://www.copyright.gov/circs/circ01.pdf), “Under copyright law, publication is
`
`the distribution of copies or phonorecords of a work to the public by sale or other
`
`transfer of ownership or by rental, lease, or lending.” I will provide my opinion on
`
`when and how these documents were disseminated or otherwise made publicly
`
`available to the extent that persons interested and ordinarily skilled in the subject
`
`
`
`10
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`Exhibit 1049
`Page 013
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`Dr. Hsieh-Yee Declaration
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`matter or art, exercising reasonable diligence, could have located and retrieved these
`
`documents.
`
`20.
`
`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claimed to be. I
`
`am also informed that authenticity can be established based on the contents of the
`
`documents themselves, such as the appearance, content, substance, internal patterns,
`
`or other distinctive characteristics of the item.
`
`21.
`
`I am informed by counsel that a given reference is “published” if it is
`
`publicly accessible upon a satisfactory showing that such a document has been
`
`disseminated or otherwise made available to the extent that persons interested and
`
`ordinarily skilled in the subject matter or art could locate it exercising reasonable
`
`diligence. I have also been informed by counsel that materials available in a library
`
`constitute “printed publications” if they are cataloged and indexed according to
`
`general library practices that make the references available and accessible to
`
`members of the interested public.
`
`22.
`
`I have been informed by counsel that the ’737 patent claims an effective
`
`filing date of March 3, 1995. I have assessed public accessibility of the documents
`
`referenced below as of this date.
`
`C.
`23.
`
`
`
`Person Of Ordinary Skill in the Art
`
`I am told by counsel that the subject matter of this proceeding relates to
`11
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`Dr. Hsieh-Yee Declaration
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`industrial glass-making techniques.
`
`24.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the invention” (POSA) 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 and literature applicable to the pertinent field.
`
`25.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art in the March 1995 time frame would have had at least a Bachelor’s Degree in
`
`glass engineering science or a related field such as materials engineering focusing
`
`on glass engineering and at least four years of experience working in those fields. A
`
`higher level of education, such as a Master’s degree in those fields, could substitute
`
`for work experience.
`
`26.
`
`It is my opinion that such a person would have been actively engaged
`
`in learning about the field, possibly through formal instruction through the
`
`bibliographic resources. By at least 1995, such a person would have had access to a
`
`vast array of print resources, including at least the documents referenced below, as
`
`well as to a fast-changing set of online resources.
`
`D. Evidence Considered In Forming My Opinions
`27.
`
`In the preparation of this declaration, I have reviewed the documents
`
`referenced below and any other documents I reference herein, and each of these is a
`12
`
`
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`O-I Glass, Inc.
`Exhibit 1049
`Page 015
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`

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`type of material that experts in my field would reasonably rely upon when forming
`
`their opinions:
`
`Dr. Hsieh-Yee Declaration
`
`(1) Duckett, E. J., (1979), The influence of color mixture on the use of
`
`glass cullet recovered from municipal solid waste, Conservation &
`
`Recycling, vol. 3, no. 2, pp. 175-185, obtained from Elsevier, the
`
`journal publisher, Exhibit 0001 (“Duckett”);
`
`(2) MARC record for Conservation & Recycling, whose vol. 3, no. 2
`
`contains Duckett, available from the online catalog of the Library of
`
`Congress
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=17175&recPointer
`
`=0&recCount=25&searchType=1&bibId=11210258, accessed and
`
`obtained on April 24, 2020, Appendix 0001-A;
`
`(3) WorldCat record for Conservation & Recycling, whose vol. 3, no. 2
`
`contains Duckett, available from WorldCat OCLC FirstSearch
`
`(subscription database, password required for access), accessed and
`
`obtained on April 20, 2020, Appendix 0001-B;
`
`(4) MARC record for Conservation & Recycling, whose vol. 3, no. 2
`
`contains Duckett, available from the online catalog of the British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-
`
`
`
`13
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 016
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`Dr. Hsieh-Yee Declaration
`
`ALL:BLL01007524093, accessed and obtained on April 24, 2020,
`
`Appendix 0001-C;
`
`(5) MARC record for the electronic version of Conservation &
`
`Recycling, whose vol. 3, no. 2 contains Duckett, obtained from the
`
`online catalog of
`
`the University of Alberta Library at
`
`https://neos.library.ualberta.ca/ (searched by journal title), accessed and
`
`obtained on April 24, 2020, Appendix 0001-D;
`
`(6) Tooley, F. V. (Ed.), (1984), The Handbook of Glass Manufacture: A
`
`Book of Reference for the Plant Executive, Technologist, and
`
`Engineer, 3rd ed., published by Books for the Glass Industry Division,
`
`Ashlee Pub. Co., obtained from Cornell University Library, Exhibit
`
`0002 (“Tooley”);
`
`(7) Bibliographic record for Tooley, available from the online catalog of
`
`the
`
`Cornell
`
`University
`
`Library
`
`at
`
`https://newcatalog.library.cornell.edu/catalog/607939, accessed and
`
`obtained on May 2, 2020, Appendix 0002-A;
`
`(8) MARC record for Tooley, available from the online catalog of the
`
`Cornell
`
`University
`
`Library
`
`at
`
`https://newcatalog.library.cornell.edu/catalog/607939/librarian_view,
`
`
`
`14
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`O-I Glass, Inc.
`Exhibit 1049
`Page 017
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`Dr. Hsieh-Yee Declaration
`
`accessed and obtained on May 2, 2020, Appendix 0002-B;
`
`(9) MARC record for Tooley, available from the online catalog of the
`
`Library
`
`of
`
`Congress
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=23412&recPointer
`
`=0&recCount=25&searchType=2&bibId=2843827,
`
`accessed
`
`and
`
`obtained on March 31, 2020, Appendix 0002-C;
`
`(10) WorldCat record for Tooley, obtained from WorldCat OCLC
`
`FirstSearch (subscription database, password required for access),
`
`accessed and obtained on April 20, 2020, Appendix 0002-D;
`
`(11) MARC record for Tooley, available from the online catalog of the
`
`British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-
`
`ALL:BLL01012779660 (select MARC display), accessed and obtained
`
`on April 23, 2020, Appendix 0002-E;
`
`(12) Scholes, S., & Greene, Charles H., (1975), Modern Glass Practice,
`
`7th rev. ed., completely revised and enlarged by Charles H. Greene,
`
`published by Cahners Books, obtained from the University of
`
`Wisconsin-Madison Library on May 2, 2020, Exhibit 0003
`
`(“Scholes”);
`
`
`
`15
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 018
`
`

`

`Dr. Hsieh-Yee Declaration
`
`(13) Bibliographic and MARC records for Scholes, available from the
`
`online catalog of the University of Wisconsin-Madison Library at
`
`https://search.library.wisc.edu/catalog/999638109302121,
`
`accessed
`
`and obtained on May 2, 2020, Appendix 0003-A;
`
`(14) WorldCat record for Scholes, available from WorldCat OCLC
`
`FirstSearch (subscription database, password required for access),
`
`accessed and obtained on April 20, 2020, Appendix 0003-B;
`
`(15) MARC record for Scholes, available from the online catalog of the
`
`Library
`
`of
`
`Congress
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=21095&recPointer
`
`=0&recCount=25&searchType=2&bibId=1734484,
`
`accessed
`
`and
`
`obtained on April 14, 2020, Appendix 0003-C;
`
`(16) MARC record for Scholes, available from the online catalog of the
`
`British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-
`
`ALL:BLL01007522113 (select MARC display), accessed and obtained
`
`on May 2, 2020, Appendix 0003-D;
`
`(17) Mosch, D. A., (1998), U.S. Patent No. 5,718,737. Washington, DC:
`
`U.S. Patent and Trademark Office, a citing document of Scholes,
`
`available
`
`from
`
`
`
`16
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 019
`
`

`

`Dr. Hsieh-Yee Declaration
`
`https://patentimages.storage.googleapis.com/d8/23/17/0b0281695742
`
`52/US5718737.pdf, accessed and obtained on May 18, 2020, Appendix
`
`0003-E;
`
`(18) Bamford, C. R., (1977), Colour Generation and Control in Glass,
`
`published by Elsevier, obtained from counsel, Exhibit 0004
`
`(“Bamford”);
`
`(19) MARC record for Bamford, available from the online catalog of the
`
`Library
`
`of
`
`Congress
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=13834&recPointer
`
`=0&recCount=25&searchType=2&bibId=832173,
`
`accessed
`
`and
`
`obtained on April 6, 2020, Appendix 0004-A;
`
`(20) WorldCat record for Bamford, obtained from WorldCat OCLC
`
`FirstSearch (subscription database, password required for access),
`
`accessed and obtained on April 20, 2020, Appendix 0004-B;
`
`(21) MARC record for Bamford, available from the online catalog of the
`
`British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-
`
`ALL:BLL01008408384 (select MARC display), accessed and obtained
`
`on April 6, 2020, Appendix 0004-C;
`
`
`
`17
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 020
`
`

`

`(22) Early citations of Bamford, obtained from Google Scholar, Appendix
`
`Dr. Hsieh-Yee Declaration
`
`0004-D.
`
`28.
`
`In forming the opinions expressed within this declaration, I have
`
`considered:
`
`(1) The documents listed above;
`
`(2) The reference materials cited herein; and
`
`(3) My own background and professional experiences, as described
`
`above.
`
`
`
`18
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 021
`
`

`

`Dr. Hsieh-Yee Declaration
`
`
`II. AUTHENTICITY AND PUBLIC AVAILABILITY OF DUCKETT
`(EXHIBIT 0001)
`29. Ex. 0001 is a true and correct copy of “The influence of color mixture
`
`on the use of glass cullet recovered from municipal solid waste,” (“Duckett”), by E.
`
`J. Duckett, published in Conservation & Recycling, vol. 3, no. 2, pp. 175-185, that I
`
`obtained from the journal publisher Elsevier.
`
`30. When I was asked to prepare this declaration, I searched WorldCat by
`
`the article title for records, and the search results informed me that the Library of
`
`Congress held the journal Conservation & Recycling that contains Duckett. I then
`
`searched the online catalog of the Library of Congress for records for the journal and
`
`the search results confirmed the holdings information. The “Item Availability” area
`
`of the library records shows “TD794.5 .C663” is the call number of Conservation &
`
`Recycling, the Library has one set, the issues can be requested at the “Jefferson or
`
`Adams Building Reading Rooms” and the status of the issues is “Not Charged”
`
`(meaning available for user request).
`
`31. The Library of Congress copy of Duckett is not presented at this time
`
`because the Library of Congress is closed due to the coronavirus pandemic. I reserve
`
`the right to submit a copy of Duckett from the Library of Congress upon the opening
`
`of the library.
`
`32. Ex. 0001 is a true and correct copy of Duckett that I obtained from
`19
`
`
`
`O-I Glass, Inc.
`Exhibit 1049
`Page 022
`
`

`

`Dr. Hsieh-Yee Declaration
`
`Elsevier. Page 1 of Ex. 0001 shows the title, author, abstract and beginning text of
`
`Duckett. A footnote on this page shows the article was “received 5 December, 1978”
`
`and the revised manuscript was “received 9 June, 1979.” The header shows Duckett
`
`has a “1979” copyright date with Pergamon Press Ltd. as the copyright holder. It
`
`also shows that Duckett was published in “Vol. 3, pp. 175-185” of “Conservation &
`
`Recycling.” Another note of “0361-3658/79/0901-0175” in the header shows the
`
`article was published in 1979 in a journal with “0361-3658” as its ISSN
`
`(International Standard Serials Number), which is the number assigned to
`
`Conservation & Recycling. Ex. 0001 shows that Duckett appears from page 175 to
`
`page 185 and includes three tables and 32 references.
`
`A. Library of Congress Records
`33. Appendix 0001-A a true and correct copy of the MARC record for
`
`Conservation & Recycling that I personally identified, located, and obtained from
`
`the online catalog of the Library of Congress for this declaration. This is the type of
`
`record experts in my field would reasonably rely upon when forming their opinion.
`
`The record shows that it is a “periodical or newspaper,” meaning the Library of
`
`Congress catalogs this publication as a serial.
`
`34. The first six digits of Field 008 show the MARC record was created on
`
`“770302” (i.e., March 2, 1977), and the code of “d19761987” following the record
`
`creation date means that this serial began publication in 1976 and ceased publi