UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VIEWRAY, INC. and VIEWRAY TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.,
`Patent Owner.
`
`
`
`
`Patent No. 8,637,841
`
`IPR Case No.: IPR2020-
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
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`
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`4848-2598-3175.v1
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`ViewRay Exhibit 1004
`Page 1 of 148
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VIEWRAY, INC. and VIEWRAY TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.,
`Patent Owner.
`
`
`
`
`Patent No. 8,637,841
`
`IPR Case No.: IPR2020-
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
`
`
`
`
`
`
`4848-2598-3175.v1
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`ViewRay Exhibit 1004
`Page 1 of 148
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`I.
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`INTRODUCTION
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Viewray, Inc. and Viewray Technologies, Inc. (referred to herein as “Petitioner”).
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`2.
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`I have written this declaration at the request of Petitioner to provide
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`my expert opinion regarding the authenticity and public availability of several
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`publications. My declaration sets forth my opinions in detail and provides the
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`bases for my opinions regarding the public 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 or obtained by me after the
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`date of this declaration.
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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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`Declaration, the substance of my opinions, or the outcome of this dispute. I have
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`no other interests in this proceeding or with any of the parties.
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`5.
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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
`6.
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`San José State University. I obtained a Master 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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`7.
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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,
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`and I served on the Committee on Cataloging: Resource and Description (which
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`wrote the new cataloging rules) and as the founding chair of the Committee for
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`Education and Training of Catalogers and the Competencies and Education for a
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`Career in Cataloging Interest Group. I also served as the Founding Chair of the
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`ALCTS Division’s Task Force on Competencies and Education for a Career in
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`Cataloging. Additionally, I served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity, as a member of the REFORMA National Board of
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`Directors, 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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`8.
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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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`9.
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`I have been deposed twelve times.
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`10. My full curriculum vitae is attached hereto as Attachment A.
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`III. PRELIMINARIES
`Scope of This Declaration
`A.
`11.
`I am not an attorney and will not offer opinions on the law. I am,
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`however, rendering my expert opinion on the authenticity of the documents
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`referenced herein and on when and how each of these documents was disseminated
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`or otherwise made available to the extent that persons interested and ordinarily
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`skilled in the subject matter or art, exercising reasonable diligence, could have
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`located the documents.
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`12.
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`I am informed by counsel that an item is considered authentic if there
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`is sufficient evidence to support a finding that the item is what it is claimed to be. I
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`am also informed that authenticity can be established based on the contents of the
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`documents themselves, such as the appearance, contents, substance, internal
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`patterns, or other distinctive characteristics of the item, taken together with all of
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`the circumstances. I am further informed that an item is considered authentic if it
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`is at least 20 years old, in a condition that creates no suspicion of its authenticity,
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`and in a place where, if authentic, it would likely be. Lastly, I have been informed
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`that a document’s authenticity can be established by comparison with an authentic
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`specimen.
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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. That is, I understand that
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`cataloging and indexing by a library is sufficient, although there are other ways
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`that a printed publication may qualify as publicly-accessible. One manner of
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`sufficient indexing is indexing according to subject matter category. I understand
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`that the cataloging and indexing by a single library of a single instance of a
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`particular printed publication is sufficient, even if the single library is in a foreign
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`country. I understand that, even if access to a library is restricted, a printed
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`publication that has been cataloged and indexed therein is publicly-accessible so
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`long as a presumption is raised that the portion of the public concerned with the
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`relevant subject matter would know of the printed publication. I also understand
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`that the cataloging and indexing of information that would guide a person
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`interested in the relevant subject matter to the printed publication, such as the
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`cataloging and indexing of an abstract for the printed publication, is sufficient to
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`render the printed publication publicly-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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`B.
`16.
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`Persons of Ordinary Skill in the Art
`I am told by counsel that the subject matter of this proceeding relates
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`generally to radiation therapy and more specifically to collimating devices used in
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`radiation therapy.
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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 inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`hypothetical person
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`is also a person of ordinary creativity, capable of
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`understanding the scientific principles applicable to the pertinent field.
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`18.
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`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would hold a PhD in physics, medical physics, or a related discipline,
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`and have at least three years’ experience working in medical physics, specifically
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`in the field of external beam radiotherapy (extensive experience and technical
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`training may substitute for the education requirement).
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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. By
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`not later than the 2008 such a person would have had access to a vast array of long-
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`established print resources in the field, as well as to a rich set of online resources
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`providing indexing information, abstracts, and full text services for publications
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`relevant to the field of this dispute.
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`C. Authoritative Databases
`In preparing this declaration, I used authoritative databases, such as
`20.
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`the OCLC WorldCat, the Library of Congress Online Catalog, ResearchGate,
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`IEEE Xplore, CiteSeerX, Google Scholar, Scopus, and the U.S. Copyright Office
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`Online Catalog, to confirm citation details of the various publications discussed.
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`21. U. S. Copyright Office. Created by Congress in 1897, the Copyright
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`Office is responsible for administering a complex and dynamic set of laws, which
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`include registration, the recordation of title and licenses, a number of statutory
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`licensing provisions, and other aspects of the 1976 Copyright Act and the 1998
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`Digital Millennium Copyright Act. The public catalog in the Copyright Office
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`includes information filed since 1978. Individuals can search by title, personal or
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`corporate name, key word, registration number, and document number. Works
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`filed before 1978 can be located through the Copyright Public Records Reading
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`Room. 1 A researcher can find the date on which an item was published and
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`deposited for copyright.
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`22. OCLC Bibliographic Database. The OCLC was created “to establish,
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`maintain and operate a computerized library network and to promote the evolution
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`of library use, of libraries themselves, and of librarianship, and to provide
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`processes and products for the benefit of library users and libraries, including such
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`objectives as increasing availability of library resources to individual library
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`patrons and reducing the rate of rise of library per-unit costs, all for the
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`fundamental public purpose of furthering ease of access to and use of the ever-
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`expanding body of worldwide scientific, literary and educational knowledge and
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`information.”2 Among other services, OCLC and its members are responsible for
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`
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`1 https://www.copyright.gov/circs/circ23.pdf.
`2 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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`maintaining the WorldCat database, 3 used by independent and institutional
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`libraries throughout the world.
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`Indexing
`D.
`23. 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
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`relevant material, the researcher will then normally obtain it online, look for it in
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`libraries, or purchase it from the publisher, a bookstore, a document delivery
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`service, or other provider. Sometimes, the date of a document’s public
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`accessibility will involve both indexing and library date information. However,
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`date information for indexing entries is often unavailable. This is especially true
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`for online indices.
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`24.
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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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`25. Before the widespread development of online databases to index
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`articles in journals, magazines, conference papers, and technical reports, libraries
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`purchased printed volumes of indices. Graduate library school education mandated
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`
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`3 http://www.worldcat.org/.
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`that students learn about the bibliographic control of disciplines, the prominent
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`indexing volumes, and searching strategies required to use them effectively and
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`efficiently. Half of the courses that I studied in library school were focused on the
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`bibliography and resources in academic disciplines.
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`26. Librarians consulted with information seekers to verify citations,
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`check availability in union catalogs, printed books catalogs, and the OCLC
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`database, and make formal requests for materials, e.g., books, conference
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`proceedings, journal articles. Requests were transmitted using Telex machines,
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`rudimentary email systems, and the United States Postal Service. During my
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`career, I have performed and supervised staff who handled these resource sharing
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`tasks.
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`27. Online
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`indexing
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`services
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`commonly provide bibliographic
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`information, abstracts, and full-text copies of the indexed publications, along with
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`a list of the documents cited in the indexed publication. These services also often
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`provide lists of publications that cite a given document. A citation of a document
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`is evidence that the document was publicly available and in use no later than the
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`publication date of the citing document.
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`IV. LIBRARY CATALOGING PRACTICES
`A. Machine-Readable Cataloging (MARC) Standard
`I am fully familiar with the library cataloging standard known as the
`28.
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information.4 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.5
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`29. Since at least the early 1970s and continuing to the present day,
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`MARC has been the primary communications protocol for the transfer and storage
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`of bibliographic metadata in libraries.6 As explained by the Library of Congress:
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`
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`4 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/.
`5 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 July 15, 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 forty years ago. It
`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.
`6 A complete history of the development of MARC can be found in MARC: Its
`History and Implications by Henrietta D. Avram (Washington, DC: Library of
`Congress, 1975) and available online from the Hathi Trust
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`You could devise your own method of organizing the bibliographic
`information, but you would be isolating your library, limiting its
`options, and creating much more work for yourself. Using the MARC
`standard prevents duplication of work and allows libraries to better
`share bibliographic resources. Choosing to use MARC enables
`libraries to acquire cataloging data that is predictable and reliable. If a
`library were to develop a “home-grown” system that did not use
`MARC records, it would not be taking advantage of an industry-wide
`standard whose primary purpose is to foster communication of
`information.
`Using the MARC standard also enables libraries to make use of
`commercially available library automation systems to manage library
`operations. Many systems are available for libraries of all sizes and
`are designed to work with the MARC format. Systems are maintained
`and improved by the vendor so that libraries can benefit from the
`latest advances in computer technology. The MARC standard also
`allows libraries to replace one system with another with the assurance
`that their data will still be compatible.
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`a MARC Record Necessary? LIBRARY OF CONGRESS,
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`Is
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`Why
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`http://www.loc.gov/marc/umb/um01to06.html#part2 (last visited July 15, 2020).
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`30. Thus, almost every major library in the world is MARC-compatible.
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`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
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`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
`visited July 15, 2020).
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`https://www.loc.gov/marc/faq.html (last visited July 15, 2020) (“MARC is the
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`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
`
`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 standard
`
`(reaffirmed in 2016) for Information Interchange Format. The full text of the
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`standard is available from the Library of Congress.7
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`31. 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 or creator of the work is
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`recorded in field 100, an item’s International Standard Book Number (“ISBN”) is
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`recorded in field 020, an item’s International Standard Serial Number (“ISSN”) is
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`recorded in field 022, an item’s Library of Congress call number is recorded in
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`field 050, and the publication date is recorded in field 260 under the subfield “c.”
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`Id.8 If a work is a periodical, then its publication frequency is recorded in field
`
`
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`7 http://www.loc.gov/marc/bibliographic/.
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`8 In some MARC records, field 264 is used rather than field 260 to record
`publication information. See http://www.loc.gov/marc/bibliographic/bd264.html
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`310, alternate publication frequency is recorded in field 321, and the publication
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`dates (e.g., the first and last publication) are recorded in field 362, which is also
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`referred to as the enumeration/chronology field.9
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`32. 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 website.10 For example, 6XX fields are termed
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`“Subject Access Fields.”11 Among these, for example, is the 650 field; this is the
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`“Subject Added Entry – Topical Term” field.12 The 650 field is a “[s]ubject added
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`entry in which the entry element is a topical term.”13 These authenticated subject
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`entries “are assigned to a bibliographic record to provide access according to
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`generally accepted thesaurus-building rules (e.g., Library of Congress Subject
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`Headings (LCSH), Medical Subject Headings (MeSH)).”14
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`33. Further, MARC records include call numbers, which themselves
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`indicate a subject and physical location within the library collections. For
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`
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`(last visited July 15, 2020) (“Information in field 264 is similar to information in
`field 260 (Publication, Distribution, etc. (Imprint)). Field 264 is useful for cases
`where the content standard or institutional policies make a distinction between
`functions”).
`9 http://www.loc.gov/marc/bibliographic/bd3xx.html.
`10 http://www.loc.gov/marc/bibliographic/.
`11 http://www.loc.gov/marc/bibliographic/bd6xx.html.
`12 http://www.loc.gov/marc/bibliographic/bd650.html.
`13 Id.
`14 Id.
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`example, the 050 field is the “Library of Congress Call Number.”15 A defined
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`portion of the Library of Congress Call Number is the classification number, and
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`“source of the classification number is Library of Congress Classification and
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`the LC Classification-Additions and Changes.”16 Thus, included in the 050 field is
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`a subject matter classification. Each item in a library has a single classification
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`number. A library selects a classification scheme (e.g., the Library of Congress
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`classification scheme just described or a similar scheme such as the Dewey
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`Decimal classification scheme or the National Library of Medicine classification
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`scheme) and uses it consistently. When the Library of Congress assigns the
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`classification number, it appears as part of the 050 field. If a local library assigns
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`the classification number, it appears in a 090 field. In either scenario, the MARC
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`record
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`includes a classification number
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`that represents a subject matter
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`classification.
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`34. Each item in a library has a single classification number. A library
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`selects a classification scheme (e.g., the Library of Congress classification scheme
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`just described or a similar scheme such as the Dewey Decimal classification
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`scheme) and uses it consistently. When the Library of Congress assigns the
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`classification number, it appears as part of the 050 field, as discussed above. For
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`
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`15 http://www.loc.gov/marc/bibliographic/bd050.html.
`16 Id.
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`MARC records created by libraries other than the Library of Congress (e.g., a
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`university library or a local public library), the classification number may appear in
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`a 09X (e.g., 090) field.17
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`35. OCLC provides its members online access to MARC records through
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`its OCLC bibliographic database. When an OCLC member institution acquires a
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`work, it creates a MARC record for this work in its computer catalog system in the
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`ordinary course of its business. MARC records created at the Library of Congress
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`were initially tape-loaded into the OCLC database through a subscription to
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`MARC Distribution Services daily or weekly. Once the MARC record is created
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`by a cataloger at an OCLC member institution or is tape-loaded from the Library
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`of Congress, the MARC record is then made available to any other OCLC
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`members online, and therefore made available to the public. Accordingly, 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 the Library of Congress or another library anywhere in the world, any
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`publication corresponding to the MARC record has been cataloged and indexed
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`according to its subject matter such that a person interested in that subject matter
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`could, with reasonable diligence, locate and access the publication through any
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`library with access to the OCLC bibliographic database or through the Library of
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`Congress.
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`
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`17 http://www.loc.gov/marc/bibliographic/bd09x.html.
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`36. 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
`
`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.”18 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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`MARC record has been printed to hardcopy—as is the case with the attachments to
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`
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`In this declaration, I sometimes refer to the “Entered” entry as field 008,
`18
`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
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`this declaration—the date reflected next to the label “Entered” is necessarily on or
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`after the date the library first cataloged and indexed the underlying item.
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`37. 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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`It also allows librarians around the world to know that a particular MARC record is
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`authoritative. In contrast, a hypothetical system wherein duplicative records were
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`created would result in confusion as to which record is authoritative.
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`38. 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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`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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`themselves, which provide delivery on a similarly expedited schedule. In general,
`
`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.
`
`V.
`
`PUBLICATIONS
`A. Exhibit 1009 – Dai conference paper
`39. Exhibit 1009 includes true and correct copies of the conference paper
`
`“A Finger Leaf Design for Dual Layer MLC’s” by Jianrong Dai and Weijie Cui
`
`(hereafter “Dai”). This conference paper was published in the Conference
`
`Proceedings of World Congress on Medical Physics and Biomedical Engineering
`
`in Volume 25, Issue 1, dated September 7-12, 2009, on pages 696-699. Exhibit
`
`1009 includes true and correct copies of the Dai conference paper that I understand
`
`are being submitted as an exhibit in this proceeding. Exhibit 1009 includes true
`
`and correct copies of the cover, table of contents, and article (pages 696-699). I
`
`obtained one of these copies of the article from the Library of Congress. The
`
`version of the title page has a stamped process completion date of December 23,
`
`2009. The Dai conference paper was also available electronically.19 Specifically,
`
`the text of the conference paper is complete; no pages are missing, and the text on
`
`
`
`19 https://link.springer.com/chapter/10.1007/978-3-642-03474-9_196
`
`
`ViewRay Exhibit 1004
`Page 19 of 148
`
`
`
`each page appears to flow seamlessly from one page to the next; further, there are
`
`no visible alterations to the document. Exhibit 1009 includes a copy that was
`
`found within the custody of a library – a place where, if authentic, a copy of this
`
`conference proceedings volume would likely be. Exhibit 1009 includes a true and
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`correct copy in a condition that creates no suspicion about its authenticity.
`
`40. Attached hereto as Attachment 1a is a true and correct copy of the
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`MARC record for the Conference Proceedings of World Congress on Medical
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`Physics and Biomedical Engineering at the Library of Congress. The library
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`ownership is indicated by the presence of the library’s code (DLC) in the field 040.
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`The library continues to update this MARC record and enhanced the MARC record
`
`to meet current cataloging rules. The most recent enhancement to Attachment 1a
`
`occurred on November 9, 2011, as shown in field 005 (“20111109”). I personally
`
`identified and retrieved the MARC record that is Attachment 1a.
`
`41. Based on finding a print copy of the article included in Exhibit 1009
`
`with a cataloging date of August 6, 2009, and a processing date of December 23,
`
`2009, in the Library of Congress and MARC record in its online library catalog
`
`attached as Attachment 1a, it is my opinion that the conference paper “A Finger
`
`Leaf Design for Dual Layer MLC’s” by Dai and Cui published in the Conference
`
`Proceedings of World Congress on Medical Physics and Biomedical Engineering
`
`was available at the Library of Congress on August 6, 2009.
`
`
`
`ViewRay Exhibit 1004
`Page 20 of 148
`
`
`
`42. Attached hereto as Attachment 1b is a true and correct copy of the
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`MARC record for a digital version of the Conference Proceedings of World
`
`Congress on Medical Physics and Biomedical Engineering obtained from the
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`OCLC bibliographic database. As previously noted, the library that created the
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`record is recorded in field 040 with a unique library code. For Attachment 1b, that
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`library code is “VT2,” which means that the MARC record for this conference
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`proceedings volume was cataloged at the University of Victoria Libraries
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`(Victoria, British Columbia, Canada). As can be seen in the “Entered” field in the
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`MARC record for this attachment, a cataloger at the University of Victoria
`
`Libraries created record number 985064829 on June 25, 2009, as shown in the
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`“Entered” field (20090625”). The library continues to update this MARC record
`
`and enhanced the MARC record to meet current cataloging rules. The most recent
`
`enhancement to Attachment 1b occurred on December 18, 2017, as shown in the
`
`“Replaced” field (“20171218”). I personally identified and retrieved the MARC
`
`record that is Attachment 1b.
`
`43. Attachment 1b includes an entry in field 082 (“615.8/42”)—as
`
`described above, this includes a subject matter classification number consistent
`
`with the Dewey Decimal classification system. Attachment 1b further includes
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`three English language subject entries reading “Radiotherapy $v Congresses” (see
`
`Attachment 1c, Library of Congress subject heading sh2010109289), “Medical
`
`
`
`ViewRay Exhibit 1004
`Page 21 of 148
`
`
`
`physics $v Congresses” (see Attachment 1d, Library of Congress subject heading
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`sh2010100299), and “Biomedical engineering $v Congresses” (see Attachment 1e,
`
`Library of Congress subject heading sh2007101999) in the 650 fields. Thus, as of
`
`its cataloging, the publication corresponding to the MARC record attached hereto
`
`as Attachment 1b was indexed according to its subject matter by virtue of at least
`
`three independently sufficient classifications: the field 050 entry, the field 082
`
`entry, and the field 650 entries.
`
`44. Further, as of June 25, 2009, the MARC record attached hereto as
`
`Attachment 1b was accessible through any library with access to the OCLC
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`bibliographic database or the online catalog at a library that acquired the
`
`conference proceedings volume, which means that the corresponding publication
`
`was publicly available on or before that same date through any library with access
`
`to the OCLC bibliographic database or through an individual library. Attachment
`
`1b indicates that the Conference Proceedings of World Congress on Medical
`
`Physics and Biomedical Engineering as cataloged at the University of Victoria
`
`Libraries is currently available from that library. Therefore, the Dai conference
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`paper (included in Exhibit 1009) was publicly accessible as early as June 25, 2009,
`
`because by that time it had been received, cataloged, and indexed at the University
`
`of Victoria Libraries and made part of the OCLC bibliographic database. For
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