`
`Jeroen Poeze et al.
`In re Patent of:
`10,624,564 Attorney Docket No.: 50095-0023IP1
`U.S. Patent No.:
`April 21, 2020
`Issue Date:
`Appl. Serial No.: 16/725,292
`Filing Date:
`December 23, 2019
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NONINVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DECLARATION OF JACOB ROBERT MUNFORD
`
`1
`
`APPLE 1027
`
`
`
`
`
`
`
`
`
`
`
`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the
`
`same.
`
`2. I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of
`
`experience in the library/information science field. Beginning in 2004, I
`
`have served in various positions in the public library sector including
`
`Assistant Librarian, Youth Services Librarian and Library Director. I have
`
`attached my Curriculum Vitae as Appendix A.
`
`3. During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
`
`materials directly from vendors, recording publishing data from the material
`
`in question, creating detailed material records for library catalogs and
`
`physically preparing that material for circulation. In addition to my
`
`experience in acquisitions, I was also responsible for analyzing large
`
`collections of library materials, tailoring library records for optimal catalog
`
`1
`
`2
`
`
`
`search performance and creating lending agreements between libraries
`
`during my time as a Library Director.
`
`
`4. I am fully familiar with the catalog record creation process in the library
`
`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically
`
`written in Machine Readable Catalog (herein referred to as “MARC”) code
`
`and contain information such as a physical description of the material,
`
`metadata from the material’s publisher, and date of library acquisition. In
`
`particular, the 008 field of the MARC record is reserved for denoting the
`
`date of creation of the library record itself. As this typically occurs during
`
`the process of preparing materials for public access, it is my experience that
`
`an item’s MARC record indicates the date of an item’s public availability.
`
`
`5. Typically, in creating a MARC record, a librarian would gather various bits
`
`of metadata such as book title, publisher and subject headings among others
`
`and assign each value to a relevant numerical field. For example, a book’s
`
`physical description is tracked in field 300 while title/attribution is tracked in
`
`field 245. The 008 field of the MARC record is reserved for denoting the
`
`creation of the library record itself. As this is the only date reflecting the
`
`inclusion of said materials within the library’s collection, it is my experience
`
`
`
`2
`
`3
`
`
`
`that an item’s 008 field accurately indicates the date of an item’s public
`
`availability.
`
`
`6. This declaration is being drafted as of September 2020. Public and
`
`university libraries in my area have been closed for months due to the
`
`COVID-19 pandemic. My state, Pennsylvania, has a travel advisory, which
`
`has affected my ability to travel. In my experience, library catalog records
`
`are accurate descriptions of a library’s collection and my lack of physical
`
`access to libraries at this time creates no doubt in my determinations of
`
`authenticity or availability of the exhibits noted below.
`
`
`7. I have reviewed Exhibit 1010, a copy of an article entitled “A Wearable
`
`Reflectance Pulse Oximeter for Remote Physiological Monitoring” by Y.
`
`Mendelson, R. J. Duckworth, and G. Comtois, as published in the
`
`Proceedings of the 28th Annual International Conference of the IEEE
`
`Engineering in Medicine and Biology Society, August 30 – September 3,
`
`2006 (hereinafter referred to as “2006 IEEE conference publication”).
`
`
`8. Attached hereto as Appendix MENDELSON02 is a true and correct copy of
`
`the MARC record for the 2006 IEEE conference publication, as held by
`
`
`
`3
`
`4
`
`
`
`Cornell University’s library. I secured this record myself from the library’s
`
`public catalog.
`
`
`9. The MARC record contained within Appendix MENDELSON02 accurately
`
`describes the title, author, publisher, and ISSN number of the 2006 IEEE
`
`conference publication. In comparing the information listed in Appendix
`
`MENDELSON02 to Exhibit 1010, it is my determination that the copy of
`
`the 2006 IEEE conference publication in Cornell University’s library is the
`
`same as the copy of the 2006 IEEE conference publication in Exhibit 1010.
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON02 indicates that the 2006 IEEE conference publication was
`
`first cataloged by Cornell University’s library as of December 26, 2007.
`
`Based on this information and considering the dates of the conference, it is
`
`my determination that the 2006 IEEE conference publication, which
`
`included the article published as Exhibit 1010, was made available to the
`
`public by Cornell University at least as of December 26, 2007.
`
`
`11. I have reviewed Exhibit 1014, a copy of an article entitled “Design and
`
`Evaluation of a New Reflectance Pulse Oximeter Sensor” by Y. Mendelson,
`
`et al., as published in the Journal of the Association for the Advancement of
`
`
`
`4
`
`5
`
`
`
`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
`
`“1988 publication”).
`
`
`12. Attached hereto as Appendix MENDELSON03 is a true and correct copy of
`
`the MARC record for the 1988 publication held by the University of
`
`Pennsylvania’s library. I secured this record myself from the library’s public
`
`catalog.
`
`
`13. The MARC record contained within Appendix MENDELSON03 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of the
`
`Association for the Advancement of Medical Instrumentation. The 949 field
`
`of a MARC record is used for institution-specific notations and the 949
`
`fields of this MARC record indicate the University of Pennsylvania’s issue
`
`level holdings for the Journal of the Association for the Advancement of
`
`Medical Instrumentation, demonstrating that the University of
`
`Pennsylvania’s collection contains volumes 17 – 22. These journal holdings
`
`clearly include Volume 22, No. 4, which corresponds to the 1988
`
`publication. In comparing the listed fields in Appendix MENDELSON03 to
`
`Exhibit 1014, it is my determination that Exhibit 1014 is a true and correct
`
`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
`
`
`
`5
`
`6
`
`
`
`Sensor” article, and that the copy of the 1988 publication in University of
`
`Pennsylvania’s library includes the article in Exhibit 1014.
`
`
`14. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON03 indicates that the Journal of the Association for the
`
`Advancement of Medical Instrumentation was first cataloged by the
`
`University of Pennsylvania’s library as of August 8, 1983. The 362 field of
`
`the MARC record indicates University of Pennsylvania’s acquisition of this
`
`material ceased as of Vol. 22, No. 6. Based on this information, it is my
`
`determination that the 1988 publication, which included the article published
`
`as Exhibit 1014, was made available to the public by the University of
`
`Pittsburgh shortly after initial publication in August 1988.
`
`
`15. I have reviewed Exhibit 1012, a copy of the book entitled Merriam-
`
`Webster’s Collegiate Dictionary by Merriam-Webster (hereinafter referred
`
`to as “Merriam”).
`
`
`16. Attached hereto as Appendix MERRIAM01 is a true and correct copy of the
`
`MARC record for Merriam as held by the Indiana University East’s library. I
`
`secured this record myself from the library’s public catalog.
`
`
`
`
`
`6
`
`7
`
`
`
`17. The MARC record contained within Appendix MERRIAM01 accurately
`
`describes the title, author, publisher, and ISBN number of Merriam. In
`
`comparing the listed fields in Appendix MERRIAM01 to Exhibit 1012, it is
`
`my determination that Exhibit 1012 is a true and correct copy of Merriam,
`
`and is the same as the copy of Merriam in Indiana University East’s library.
`
`
`18. The 008 field of the MARC record noted in page 3 of Appendix
`
`MERRIAM01 indicates that Merriam was first cataloged by the Indiana
`
`University East’s library as of October 8, 1997. Based on this information, it
`
`is my determination that Merriam was made available to the public by the
`
`Indiana University East at least as of October 8, 1997.
`
`
`19. I have reviewed Exhibit 1021, a copy of the book entitled Design of Pulse
`
`Oximeters by John G. Webster (hereinafter referred to as “Webster”).
`
`
`20. Attached hereto as Appendix WEBSTER01 is a true and correct copy of the
`
`MARC record for Webster as held by the University of Pennsylvania’s
`
`library. I secured this record myself from the library’s public catalog.
`
`
`21. The MARC record contained within Appendix WEBSTER01 accurately
`
`describes the title, author, publisher, and ISBN number of Webster. In
`
`comparing the listed fields in Appendix WEBSTER01 to Exhibit 1021, it is
`
`
`
`7
`
`8
`
`
`
`my determination that Exhibit 1021 is a true and correct copy of Webster,
`
`and is the same as the copy of Webster in University of Pennsylvania’s
`
`library.
`
`
`22. The 008 field of the MARC record noted in page 1 of Appendix
`
`WEBSTER01 indicates that Webster was first cataloged by the University of
`
`Pennsylvania’s library as of November 26, 1997. Based on this information,
`
`it is my determination that Webster was made available to the public by the
`
`University of Pennsylvania at least as of November 26, 1997.
`
`
`23. I have been retained on behalf of the Petitioner to provide assistance in the
`
`above-illustrated matter in establishing the authenticity and public
`
`availability of the documents discussed in this declaration. I am being
`
`compensated for my services in this matter at the rate of $100.00 per hour
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
`
`
`24. I declare under penalty of perjury that the foregoing is true and correct. I
`
`hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made the knowledge that
`
`
`
`8
`
`9
`
`
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Dated: 9/28/20
`
`
`
`
`
`
`
`
`
`
`
`
`
`Jacob Robert Munford
`
`
`
`
`9
`
`10
`
`
`
`
`
`
`
`
`APPENDIX A
`
`APPENDIX A
`
`11
`
`11
`
`
`
`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`12
`
`12
`
`
`
`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`13
`
`13
`
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`14
`
`14
`
`
`
`
`
`
`
`
`APPENDIX MENDELSON02
`
`APPENDIX MENDELSON02
`
`15
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`15
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`
`
`Cornell University Library
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`E MENU
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`ces and other COVIDal9 updates »
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`screenshot-newcatalog.library. cornell.edu-2020.08.28-09_52_00
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`LEADER 02149cam a22004574a 4500
`001 9874630
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`a 1424400325
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`a 2006 28th Annual International Conference of the IEEE Engineering in Medicine and Biology Society :
`New York, NY, 30 August — 3 September 2006.
`a
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`a 1 online resource.
`a text i2 rdacontent
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`a Includes bibliographical references and author index.
`a License restrictions may limit access.
`a Biomedical engineering iv Congresses.
`a Biomedical materials iv Congresses.
`a Biosensors iv Congresses.
`a Biomedical engineering.
`i2 fast i0 (OCoLC)fst00832568
`a Biomedical materials.
`i2 fast i0 (OCOLC)fst00832586
`a Biosensors.
`i2 fast i0 (OCoLC)fst00832703
`a Conference papers and proceedings.
`i2 fast i0 (OCoLC)fst01423772
`a Institute of Electrical and Electronics Engineers.
`3 Full text available from IEEE/IET Electronic Library (IEL)
`providercode:PRVIEE iu http://proxy.library.cornell.edu/login?
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`APPENDIX MENDELSON03
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`APPENDIX MENDELSON03
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`17
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`17
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`LEADER 02022nas a22004451 a 4500
`
`001 1382884
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`003 SlRSl
`
`005 201512150104160
`
`008 830808 19739999XX bu 0 Oeng d
`
`010
`a 73643617
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`a 0090—6689
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`O a Medical instrumentation.
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`264
`1 a Arlington, Va. : b| AAMI, c| [1973]—1988.
`
`300
`a
`16 volumes : b| illustrations; c| 29 cm
`
`336
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`a Vol. 7, no. 1 (Jan/Feb. 1973)—v. 22, no. 6 (Dec. 1988).
`
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`”Journal ofthe Association for the Advancement of Medical Instrumentation".
`
`650
`0 a Medical instruments and apparatus v| Periodicals.
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`a Association for the Advancement of Medical Instrumentation.
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`780 O
`5 t Clinical engineering. g| 1981—
`
`785 O
`7 t Biomedical technology today.
`
`785 O
`7 t Biomedical instrumentation & technology.
`
`936 1
`a| Vol. 17, no. 1 (Jan/Feb. 1983).
`
`949
`a R856.A1A85v.171983w| LCPERc|
`1 i| 000073945314 l| HATHIETAS m| UP—ANNEX r| Ys| Yt| ONLINE u| 10/10/2012 z| 8263
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`949
`a R856.A1A85v.181984w| LCPERc|
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`949
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`949
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`
`949
`a R856.A1A85 v.21 1987w| LCPERc|
`1 i| 000073946182 l| HATHIETAS m| UP-ANNEXr| Ys| Yt| ONLINE u| 10/10/20122| 8263
`
`949
`a R856.A1A85v.221988w| LCPERc|
`1 i| 000073946175 l| HATHIETAS m| UP—ANNEXr| Ys| Yt| ONLINE u| 10/10/2012 z| 8263
`
`852 O
`1 a| PStbl UP—ANNEXc| CATO—2h| R856.A1 i| A85
`866
`O 8 0a| v.17(1983)-v.22(1988)
`
`
`
`toa
`
`@ PennState
`
`Copyright @2019 The Pennsylvania State University. All rights
`resented. Except where otherwise noted, this work is subject
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`APPENDIX MERRIAMOl
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`19
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`The Merriam-Webster dictionary
`PE1628 .M353 2005
`Merriam-Webster's advanced learner's
`PE1628 .M354 2008
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`Merriam-Webster's collegiate dictionary é:
`PE1628 .M36
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`Merriam-Webster's collegiate dictionary
`PE1628 .M36 1993
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`Merriam-Webster's collegiate dictionary
`PE1628 .M36 1993
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`Merriam-Webster's collegiate dictionary
`Title
`Merriam-Webster’s collegiate dictionary.
`Format
`Book
`Edition
`10th ed.
`Published
`
`Springfield, Mass. : Merriam-Webster, c1998.
`
`Description
`Other contributors
`Portion of title
`Notes
`
`Subject headings
`ISBN
`
`; 26 cm.
`38a, 1559 p. : ill.
`Merriam-Webster. Inc.
`
`Collegiate dictionary
`Includes index.
`
`English language-Dictionaries.
`0877797099 (indexed : alk. paper)
`0877797102 (deluxe indexed : alk. paper)
`0877797080 (unindexed : alk. paper)
`0877797072 (laminated cover. unindexed : alk. paper)
`
`Holdings
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`Library
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`Library
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`Blmgtn - Auxiliary Library Facility 9
`PE1628 .M361998
`Auxiliary Library Facility - Stacks
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`Blmgtn , Music Library 0
`PE1628 .M36
`Reference
`lst Floor
`text this call number
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`Library
`Call Number
`Location
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`East Library - Richmond 9
`PE1628 .M361998
`Stacks
`text this call number
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`Librarian View
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`LEADER 00000cam a2200000 a 45 0
`001 1369243
`003 OCoLC
`005 200308070000000
`
`008 97100851998 maua d 001 0 eng||
`010
`a| 97041846
`035
`a| (Sirsi)1369243
`035
`a| (OCoLC)ocm37801398
`040
`a| DLC c| DLC
`020
`a| 0877797099 (indexed : alk. paper)
`020
`a| 0877797102 (deluxe indexed : alk. paper)
`020
`a| 0877797080 (unindexed : alk. paper)
`020
`a| 0877797072 (laminated cover, unindexed : alk. paper)
`050 0 0 al PE1628 bl .M36 1998
`082
`0 0 a| 423 2| 21
`245
`0 0 al Merriam-Webster's collegiate dictionary.
`246 3 0 al Collegiate dictionary
`250
`a| 10th ed.
`260
`a| Springfield, Mass. : b| Merriam-Webster, c| c1998.
`300
`a| 38a, 1559 p. : b|
`ill.
`; Cl 26 cm.
`500
`a| Includes index.
`650
`0 al English language x| Dictionaries. =| AA1174641
`710 2
`a| Merriam-Webster, Inc. =| AA253062
`591
`a| RI: M222T
`596
`al 5 20 45
`999
`a| PE1628 .M36 1998 H 30000062228386 j| PE 001628 .M36 1998 || STACKS m| EAST n| STACKS w| LC
`999
`a| PE1628 .M36 i| 30000062550615 j| PE 001628 .M36 || REFERENCE m| B-MUSIC n| REFERENCE w| LC z| CAT;08-07-2003;BM000
`999
`a| PE1628 .M36 1998 i| 30000133002448 j| PE 001628 .M36 1998 || _ALF m| B-ALF n| _ALF w| LC 2| CAT;10-31-2012;DM777
`
`22
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`22
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`APPENDIX WEBSTER01
`
`APPENDIX WEBSTEROI
`
`23
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`23
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`MARC View
`
`LEADER 01207nam a22003258a 4500
`
`001 1441469
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`005 20151215023516.0
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`008 971126t19971997xxk b 000 0 eng d
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`010
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`a 0750304677 (alk. paper)
`
`035
`a LIASZO49620
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`035
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`(OCOLC)37553776
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`040
`c| PStd| WaOLN d| UtOrBLW
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`050 O
`O a QP99.3.09 bl D471997
`
`245 0
`0 a Design of pulse oximeters/c| edited byJ.G. Webster.
`
`264
`1 a Bristol ; a| Philadelphia : b| Institute of Physics Pub., c| [1997]
`
`264
`4 c| ©1997
`
`300
`a xvi, 244 pages : b| illustrations ; c| 24 cm.
`
`336
`a
`text b| txt 2| rdacontent
`
`337
`a unmediated b| n2| rdamedia
`
`338
`a volume b| nc2| rdacarrler
`
`490 1
`a Medical science series
`
`504
`a
`Includes bibliographical references and index.
`
`650
`0 a Pulse oximeters x1 Design and construction.
`
`700 1
`a Webster,]ohn G., d| 1932-
`
`830
`0 a Medical science series.
`
`
`
`949
`
`a QP99.3.O9D471997W| LC c|
`4/13/2001
`
`1 1| 00003230594401 9/10/2015 e| 6/25/2015 I] PATERNO—4m| UP-PAT n| 14 r| Ys| Yt] BOOK 01
`
`1 i| 000032031126 d| 10/14/2015 e| 6/29/20151| STACKS-WB ml WILKESBAR n| 2 r| Ys| Yt|
`a QP99.3.09D471997W| LC c|
`949
`BOOKFLOAT U| 4/13/2001
`
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