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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
` Petitioner,
`v.
`
`TELEFLEX INNOVATIONS S.À.R.L.
`Patent Owner.
`
`
`Case IPR2020-01344
`Patent No. RE46,116
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
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`INTRODUCTION
`I.
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Robins Kaplan LLP on behalf of Medtronic, Inc. (“Medtronic”).
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`2.
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`I have written this report at the request of Robins Kaplan LLP to
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`provide my expert opinion regarding the authenticity and public availability of
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`several journal publications, books, and documents. My report sets forth my
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`opinions in detail and provides the basis for my opinions regarding the public
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`availability of these publications.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response any additional evidence, testimony, discovery, argument, and/or
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`other additional information that may be provided to me after the date of this
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`report.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $300 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`report, the substance of my opinions, or the outcome of this litigation. I have no
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`other interests in this proceeding or with any of the parties.
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`5.
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`As of the preparation and signing of this declaration, libraries across
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`the nation are closed pursuant to an order of the federal and state governments due
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`to the COVID-19 virus. However, were the libraries open, I would expect to be
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`able to obtain paper copies of the documents in this declaration. Additionally, it is
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`my typical practice to obtain a paper copy of each publication to further confirm
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`my opinions that the documents were available prior to the alleged availability
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`date. I reserve the right to supplement my declaration when the libraries reopen to
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`provide such information.
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`6.
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`All of the materials that I considered are discussed explicitly in this
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`declaration.
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`II. QUALIFICATIONS
`I am currently an Adjunct Professor in the School of Information at
`7.
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`San José State University. I obtained a Masters of Library Science from the
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`University of North Texas in 1972 and a Ph.D. in Library Science from the
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`University of Pittsburgh in 1985. Over the last forty-five years, I have held various
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`positions in the field of library and information resources. I was first employed as
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`a librarian in 1966, and have been involved in the field of library sciences since,
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`holding numerous positions.
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`8.
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`I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division, and I
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`served on the Committee on Cataloging: Resource and Description (which wrote
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`the new cataloging rules) and as the chair of the Committee for Education and
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`Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group. I also served as the founding Chair of the ALCTS
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`Division’s Task Force on Competencies and Education for a Career in Cataloging.
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`Additionally, I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity, as a member of the national Board of Directors for
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`REFORMA, and as a member of the Editorial Board for the ALCTS premier
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`cataloging journal, Library Resources and Technical Services.
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`9.
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`I have also given over one hundred presentations in the field,
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`including several on library cataloging systems and Machine-Readable Cataloging
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`10.
`
`I have been deposed eleven times: (1) Symantec Corp. vs. Finjan,
`
`Inc., Petition for Inter Partes Review of U.S. Patent No. 7,613,926, May
`
`26, 2016, on behalf of Symantec Corp.; (2) Symantec Corp. vs. Finjan, Inc.,
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`14-cv-299-HSG (N.D. Cal.), on behalf of Symantec Corp., September 14,
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`2017; (3) one deposition for ten matters: Intellectual Ventures I LLC vs. AT&T
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`Mobility LLC; AT&T Mobility II LLC, New Cingular Wireless Services, Inc., SBC
`
`Internet Services, Inc., Wayport, Inc., and Cricket Wireless LLC, C.A. No. 12-193
`
`(LPS); Intellectual Ventures II LLC vs. AT&T Mobility LLC; AT&T Mobility II
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`LLC, New Cingular Wireless Services, Inc., SBC Internet Services, Inc., Wayport,
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`3
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`Inc., and Cricket Wireless LLC, C.A. No. 13-1631 (LPS); Intellectual Ventures I
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`LLC vs. T-Mobile USA, Inc. and T-Mobile US, Inc., C.A. No. 13-1632 (LPS);
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`Intellectual Ventures II LLC vs. T-Mobile USA, Inc. and T-Mobile US, Inc., C.A.
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`No. 13-1633 (LPS); Intellectual Ventures I LLC, vs. Nextel Operations, Inc., Sprint
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`Spectrum L.P., Boost Mobile, LLC and Virgin Mobile USA, L.P., C.A. No. 13-1634
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`(LPS); Intellectual Ventures II LLC vs. Nextel Operations, Inc., Sprint Spectrum
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`L.P., Boost Mobile, LLC and Virgin Mobile USA, L.P., C.A. No. 13-1635 (LPS);
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`Intellectual Ventures I LLC, vs. United States Cellular Corporation, C.A. No. 13-
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`1636 (LPS); Intellectual Ventures I LLC vs. United States Cellular Corporation,
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`C.A. No. 13-1637 (LPS); Intellectual Ventures II LLC vs. AT&T Mobility LLC,
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`AT&T Mobility II LLC, New Cingular Wireless Services, Inc., C.A. No. 15-799
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`(LPS); Intellectual Ventures I LLC vs. T-Mobile USA, Inc. and T-Mobile US, Inc.,
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`C.A. No. 15-800 (LPS), on behalf of AT&T Mobility LLC; AT&T Mobility II
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`LLC, Boost Mobile, LLC Cricket Wireless LLC, Nextel Operations, Inc., New
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`Cingular Wireless Services, Inc., SBC Internet Services, Inc., Sprint Spectrum
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`L.P., T-Mobile USA, Inc., T-Mobile US, Inc., United States Cellular Corporation
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`Virgin Mobile USA, L.P., and Wayport, Inc., November 15, 2016; (4) Hitachi
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`Maxell, LTD., v. Top Victory Electronics (Taiwan) Co. Ltd., et al., 2:14-cv-1121
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`JRG-RSP (E.D. Texas), on behalf of Top Victory Electronics (Taiwan) Co. LTD,
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`4
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`et. al., January 20, 2016; (5) Sprint Spectrum, L.P. vs. General Access Solutions,
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`Ltd., Petition for Inter Partes Review of U.S. Patent No. 7,173,916, on behalf of
`
`Sprint Spectrum L.P., July 13, 2018; (6) Nichia Corporation vs. Vizio, Inc., 8:16-
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`cv-00545; on behalf of Vizio, Inc., October 12, 2018; (7) Intellectual Ventures I
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`LLC, vs. T-Mobile USA, Inc., T-Mobile US, Inc., Ericsson Inc., and
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`Telefonaktiebolaget LM Ericsson, 2:17-cv-00557 (JRG), on behalf of T-Mobile
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`USA, Inc., T-Mobile US, Inc., Ericsson Inc., and Telefonaktiebolaget LM
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`Ericsson, October 19, 2018; (8) Pfizer, Inc. vs. Biogen, Inc., Petition for Inter
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`Partes Review of U.S. Patent No. 8,821,873, on behalf of Pfizer, November 3,
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`2018; (9) Finjan, Inc. vs. ESET, LLC and ESET SPOL. S.R.O., 3:17-cv-00183-
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`CAB-BGS, on behalf of ESET, January 15, 2019; (10) Finjan, Inc. vs. Cisco
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`Systems, Inc., 5:17-cv-00072-BLF-SVK, on behalf of Cisco Systems, Inc.,
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`September 6, 2019; and, (11) Facebook, Inc., Instagram, LLC and Whatsapp Inc.
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`vs. Blackberry Limited, Petition for Inter Partes Review of U.S. Patent No.
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`9,349,120 B2, on behalf of Facebook, Inc., Instagram, LLC and Whatsapp Inc.,
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`December 20, 2019.
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`11. My full curriculum vitae is attached hereto as Document 1.
`
`III. PRELIMINARIES
`Scope of this declaration. I am not an attorney and will not offer
`12.
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`opinions on the law. I am, however, rendering my expert opinion on the
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`authenticity of the documents referenced herein and when and how each of these
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`documents was disseminated or otherwise made available to the extent that persons
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`interested and ordinarily skilled in the subject matter or art, exercising reasonable
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`diligence, could have located the documents before May 3, 2006.
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`13.
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`I am informed by counsel that a printed publication qualifies as
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`publicly accessible as of the date it was disseminated or otherwise made available
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`such that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`14. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it exercising reasonable
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`diligence (i.e., I understand that cataloging and indexing by a library in a manner
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`that permits a person of ordinary skill in the relevant subject matter to locate the
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`publication is sufficient, though there are other ways that a printed publication may
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`qualify as publicly accessible). One manner of sufficient indexing is indexing
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`according to subject matter category. I understand that the cataloging and indexing
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`by a single library of a single instance of a particular printed publication is
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`sufficient, even if the single library is in a foreign country. I understand that, even
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`if access to a library is restricted, a printed publication that has been cataloged and
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`indexed therein is publicly accessible so long as a presumption is raised that the
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`portion of the public concerned with the relevant subject matter would know of the
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`printed publication. I also understand that the cataloging and indexing of
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`information that would guide a person interested in the relevant subject matter to
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`the printed publication, such as the cataloging and indexing of an abstract for the
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`printed publication, is sufficient to render the printed publication publicly
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`accessible.
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`15.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible. I also understand that the
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`indicia on the face of a reference, such as printed dates and stamps, are considered
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`as part of the totality of the evidence.
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`16. Persons of ordinary skill in the art. I am told by counsel that the
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`subject matter of this proceeding relates generally to the field of medical device
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`design.
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`17.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the invention” (POSITA) is a hypothetical person who is
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`presumed to be familiar with the relevant field and its literature at the time of the
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`inventions. This hypothetical person is also a person of ordinary creativity,
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`capable of understanding the scientific principles applicable to the pertinent field.
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`18.
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`I am told by counsel that a person of ordinary skill in the art
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`(“POSITA”) at the time of the alleged invention would have had at least (a) a
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`medical degree; (b) have completed a coronary intervention training program, and
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`(c) have experience working as an interventional cardiologist. Alternatively, a
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`POSITA would have had at least (a) an undergraduate degree in engineering, such
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`as mechanical or biomedical engineering; and (b) three years of experience
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`designing medical devices, including catheters or catheter-deployable devices.
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`Extensive experience and technical training might substitute for education, and
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`advanced degrees might substitute for experience. Additionally, a POSITA with a
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`medical degree may have access to a POSITA with an engineering degree, and one
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`with an engineering degree might have access to one with a medical degree.
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`19.
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` It is my opinion that such a person would have been engaged in
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`research, learning through study and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. In the
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`late-1990s such a person would have had access to a vast array of long-established
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`print resources in medical device design as well as to a rich set of online resources
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`providing indexing information, abstracts, and full text services for medical device
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`design references.
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`20. Based on my experience working
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`in research
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`libraries with
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`researchers having the qualifications described above, or even lesser qualifications,
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`it is my opinion that such researchers would have been able to locate the material
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`discussed herein on their own or with the assistance of a research librarian with
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`relative ease using the tools and resources described herein.
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`IV. LIBRARY CATALOGING PRACTICES
`I am fully familiar with the library cataloging standard known as the
`21.
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information.1 MARC was first developed in the 1960s
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`by the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for each of its items. Today, MARC is the
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`primary communications protocol for the transfer and storage of bibliographic
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`metadata in libraries.2
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`
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`1 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/.
`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
`Frequently Asked Questions (FAQ), Library of Congress,
`https://www.loc.gov/marc/faq.html (last visited May 20, 2020) (“MARC is the
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`from a Library of Congress-led initiative that began nearly fifty years ago. It
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`22. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follow. For example, a
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`work’s title is recorded in Field 245, the primary author of the work is recorded in
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`Field 100, an item’s International Standard Book Number (“ISBN”) is recorded in
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`Field 020, an item’s International Standard Serial Number (“ISSN”) is recorded in
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`Field 022, an item’s Library of Congress call number is recorded in Field 050, and
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`the publication date is recorded in Field 260 under the subfield “c.” If a work is a
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`periodical, then its publication frequency is recorded in Field 310, and the
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`publication dates (e.g., the first and last publication) are recorded in Field 362,
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`which is also referred to as the enumeration/chronology field.
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`23. The library that created the record is recorded in Field 040 in subfield
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`“a” with a unique library code. When viewing the MARC record online via Online
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`Computer Library Center’s (“OCLC”) bibliographic database, hovering over this
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`code with the mouse reveals the full name of the library. I used this method of
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`“mousing over” the library codes in the OCLC database to identify the originating
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`library for the MARC records discussed in this report. Where this “mouse over”
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`provides the mechanism by which computers exchange, use, and interpret
`bibliographic information, and its data elements make up the foundation of most
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`2016) standard for Information Interchange Format.
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`option was not available, I consulted the Directory of OCLC Libraries in order to
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`identify the institution that created the MARC record.3
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`24. MARC records also include several fields that include subject matter
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`classification information. An overview of MARC record fields is available
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`through the Library of Congress.4 For example, 6XX fields are termed “Subject
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`Access Fields.”5 Among these, for example, is the 650 field; this is the “Subject
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`Added Entry – Topical Term” field.6 The 650 field is a “[s]ubject added entry in
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`which the entry element is a topical term.” These entries “are assigned to a
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`bibliographic record to provide access according to generally accepted thesaurus-
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`building rules (e.g., Library of Congress Subject Headings (LCSH), Medical
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`Subject Headings (MeSH)).” Further, MARC records include call numbers, which
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`themselves include a classification number. For example, the 050 field is the
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`“Library of Congress Call Number.” 7 A defined portion of the Library of
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`Congress Call Number is the classification number, and “source of the
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`classification number
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`is Library of Congress Classification and
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`the LC
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`Classification-Additions and Changes.” Thus, included in the 050 field is a subject
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`
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`3 https://www.oclc.org/en/contacts/libraries.html.
`4 http://www.loc.gov/marc/bibliographic/.
`5 http://www.loc.gov/marc/bibliographic/bd6xx.html.
`6 http://www.loc.gov/marc/bibliographic/bd650.html.
`7 http://www.loc.gov/marc/bibliographic/bd050.html.
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`matter classification. Each item in a library has a single classification number. A
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`library selects a classification scheme (e.g., the Library of Congress Classification
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`scheme just described or a similar scheme such as the Dewey Decimal
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`Classification scheme) and uses it consistently. When the Library of Congress
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`assigns the classification number, it appears as part of the 050 field. If a local
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`library assigns the classification number, it appears in a 090 field. In either
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`scenario, the MARC record includes a classification number that represents a
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`subject matter classification.
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`25. The OCLC was created “to establish, maintain and operate a
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`computerized library network and to promote the evolution of library use, of
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`libraries themselves, and of librarianship, and to provide processes and products
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`for the benefit of library users and libraries, including such objectives as increasing
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`availability of library resources to individual library patrons and reducing the rate
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`of rise of library per-unit costs, all for the fundamental public purpose of furthering
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`ease of access to and use of the ever-expanding body of worldwide scientific,
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`literary and educational knowledge and information.” 8 Among other services,
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`
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`8 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`Library Center, Incorporated (available at
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
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`OCLC and its members are responsible for maintaining the WorldCat database,9
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`used by independent and institutional libraries throughout the world.
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`26. OCLC also provides its members online access to MARC records
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`through its OCLC bibliographic database. When an OCLC member institution
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`acquires a work, it creates a MARC record for this work in its computer catalog
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`system in the ordinary course of its business. MARC records created at the Library
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`of Congress are directly uploaded or may be tape-loaded into the OCLC database
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`through a subscription to MARC Distribution Services daily or weekly. Once the
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`MARC record is created by a cataloger at an OCLC member institution or is tape-
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`loaded from a participating institution, the MARC record is then made available to
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`any other OCLC members online, and therefore made available to the public.
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`Accordingly, once the MARC record is created by a cataloger at an OCLC member
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`institution or is tape-loaded from the Library of Congress or another library
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`anywhere in the world, any publication corresponding to the MARC record has
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`been cataloged and indexed according to its subject matter such that a person
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`interested in that subject matter could, with reasonable diligence, locate and access
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`the publication through any library with access to the OCLC bibliographic
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`database or through the Library of Congress.
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`
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`9 http://www.worldcat.org/.
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`27. When an OCLC member institution creates a new MARC record,
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`OCLC automatically supplies the date of creation for that record. The date of
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`creation for the MARC record appears in the fixed field (008), characters 00
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`through 05. The MARC record creation date reflects the date on which, or shortly
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`after which, the item was first acquired or cataloged. Initially, field 005 of the
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`MARC record is automatically populated with the date the MARC record was
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`created in year, month, day format (YYYYMMDD) (some of the newer library
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`catalog systems also include hour, minute, second (HHMMSS)). Thereafter, the
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`library’s computer system may automatically update the date in field 005 every
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`time the library updates the MARC record (e.g., to reflect that an item has been
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`moved to a different shelving location within the library). Field 005 is visible
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`when viewing a MARC record via an appropriate computerized interface, but
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`when a MARC record is printed to hardcopy, no “005” label appears. The initial
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`field 005 date (i.e., the date the MARC record was created) does appear, however,
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`next to the label “Entered.”10 The date upon which the most recent update to field
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`005 occurred also appears, next to the label “Replaced.” Thus, when an item’s
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`
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`10 In this report, I sometimes refer to the “Entered” entry as Field 008, characters
`00-05. Field 005 is visible when viewing a MARC record via an appropriate
`computerized interface. But when a MARC record is printed directly to hardcopy
`from the OCLC database, the “005” label is not shown. The date in the 005 field
`instead appears next to the label “Replaced.”
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`MARC record has been printed to hardcopy—as is the case with the exhibits to this
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`report—the date reflected next to the label “Entered” is necessarily on or after the
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`date the library first cataloged and indexed the underlying item.
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`28. Once one library has cataloged and indexed a publication by creating
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`a MARC record for that publication, other libraries that receive the publication do
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`not create additional MARC records—the other libraries instead rely on the
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`original MARC record. They may update or revise the MARC record to ensure
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`accuracy, but they do not replace or duplicate it. This practice does more than save
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`libraries from duplicating labor. It also enhances the accuracy of MARC records.
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`Further, it allows librarians around the world to know that a particular MARC
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`record is authoritative (in contrast, a hypothetical system wherein duplicative
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`records were created would result in confusion as to which record is authoritative).
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`29. The date of creation of the MARC record by a cataloger at an OCLC
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`member institution reflects when the underlying item is accessible to the public.
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`Upwards of two-thirds to three-quarters of book sales to libraries come from a
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`jobber or wholesaler for online and print resources. These resellers make it their
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`business to provide books to their customers as fast as possible, often providing
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`turnaround times of only a single day after publication. Libraries purchase a
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`significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
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`libraries make these purchases throughout the year as the books are published and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
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`within just a few days of publication.
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`30. Catalogers can create MARC records for all types of print, online, and
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`digital resources. For example, MARC records cover serial publications, including
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`both serially-published monographs and journals. OCLC hosts MARC records for
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`more than 320 million serial publications.
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` Serial publications are those
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`publications that have the same collective title but are intended to be continued
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`indefinitely with enumeration such as a volume or issue number (e.g., magazines,
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`journals, etc.). In the OCLC bibliographic database, the first issue or volume of
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`the monographic serial is typically cataloged (i.e., a corresponding MARC record
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`is created), but the date is left open-ended with the use of a punctuation mark such
`
`as a dash. MARC records for serial publications represent the entire run of the
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`title. With knowledge of the first issue or volume published, future issues or
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`volumes can be predicted based on the information provided in the MARC record,
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`for example in Field 362. In my extensive professional experience, is it highly
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`unusual for a library to stop collecting and shelving a serial publication prior to the
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`time it ceases publication. If a subscription to a serial publication ends or is
`
`cancelled, the library will denote that it has stopped receiving new issues or
`
`volumes by filling in the end date in the MARC record.
`
`31.
`
`In addition to creating records for books, OCLC also hosts records for
`
`serial publications. Serial publications have the same collective title but are
`
`intended to continue indefinitely with enumeration such as a volume or issue
`
`number (e.g., magazines, journals, etc.). In the OCLC bibliographic database, the
`
`first issue of the serial publication is typically cataloged, but the date is left open-
`
`ended with the use of a punctuation mark such as a dash. Individual issues are not
`
`cataloged according to the current national cataloging rules outlined in RDA:
`
`Resource and Access.
`
`32. MARC records for serial publication in OCLC represent the entire run
`
`of the serial title. With knowledge of the first issue published, future issues can be
`
`predicted. In my extensive professional experience, is it highly unusual for a
`
`library to stop collecting and shelving a serial publication prior to the end of its
`
`publication run. If a subscription to a serial publication ends its run or is cancelled
`
`before the end of its run, the library will denote that it has stopped receiving new
`
`volumes by filling in the end date in the local MARC record.
`
`33. The handling of printed journal subscriptions is shown on the covers
`
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`of individual issues. As was the best practice among libraries, issues arrived at a
`
`central facility and were immediately received, verified as part of a subscription,
`
`checked in, and stamped with the institution’s name and date. Determining that the
`
`issue was part of the library subscription ensured that the entire set of publications
`
`for the year had been received so that they could be professionally bound and
`
`retained. This process also verified that each of the published issues arrived so that
`
`the library staff did not have to request or claim an issue that did not arrive as
`
`expected. In large public libraries with branches and multi-campus libraries within
`
`academic institutions, the journals were sorted and delivered to the subscribing
`
`unit. The issues were frequently stamped again to acknowledge receipt. The new
`
`issue was placed in the public area; the older issue was stored so that it remained
`
`available.
`
`34. The foregoing process has been standard library practice longer than I
`
`have been working in the profession. I first learned the steps in the process in the
`
`late 1970s and later supervised it. Although the checking in process has become
`
`automated and now links electronically to holdings records for the MARC record
`
`for each serial title, the manual stamping and placing the issue in a public area has
`
`not changed for 50 years. Unless I note otherwise below in reference to a specific
`
`serial publication, it is my expert opinion that this standard protocol was followed
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`for each of the serial publications discussed below.
`
`35.
`
`In preparing this report, I used authoritative databases, such as the
`
`OCLC bibliographic database and the Library of Congress Online Catalog, to
`
`confirm citation details of the various publications discussed. Unless I note
`
`otherwise below in reference to a specific serial publication, it is my expert opinion
`
`that this standard protocol was followed for each of the serial publications
`
`discussed below.
`
`36.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for
`
`relevant information in an index of periodical and other publications. Having
`
`found relevant material, the researcher will then normally obtain it online, look for
`
`it in libraries, or purchase it from the publisher, a bookstore, a document delivery
`
`service, or other provider. Sometimes, the date of a document’s public
`
`accessibility will involve both indexing and library date information. However,
`
`date information for indexing entries is often unavailable. This is especially true
`
`for online indices.
`
`37.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to service.
`
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`38. Online
`
`indexing
`
`services
`
`commonly
`
`provide
`
`bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with
`
`a list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document. A citation of a document
`
`is evidence that the document was publicly available and in use by researchers no
`
`later than the publication date of the citing document.
`
`39. Before the widespread development of online databases to index
`
`articles in journals, magazines, conference papers, and technical reports, libraries
`
`purchased printed volumes of indices. Graduate library school education mandated
`
`that students learn about the bibliographic control of disciplines, the prominent
`
`indexing volumes, and searching strategies required to use them effectively and
`
`efficiently. Half of the courses that I studied in library school were focused on the
`
`bibliography and resources in academic disciplines.
`
`40. Librarians consulted with information seekers to verify citations,
`
`check availability in union catalogs, printed books catalogs, the OCLC database,
`
`and make formal requests for materials (e.g., books, conference proceedings,
`
`journal articles). Requests were transmitted using Telex machines, rudimentary
`
`email systems, and the United States Postal Service. During my career, I have
`
`performed and supervised staff who handled these resource sharing tasks.
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`41. A major firm known for the breadth of subjects and comprehensive
`
`treatment in the preparation of index volumes, the H. W. Wilson Company offered
`
`these reference resources since the firm was founded in 1898. The Reader’s Guide
`
`to Periodical Literature is one of the best-known titles available from H. W.
`
`Wilson. Each volume includes a comprehensive index for 300 of the most popular
`
`and important periodicals published in the United States and Canada. Information
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