IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Poeze, et al.
`In re Patent of:
`U.S. Patent No.: 10,709,366
`Issue Date:
`July 14, 2020
`Appl. Serial No.: 16/829,510
`Filing Date:
`March 25, 2020
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NON-INVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0027IP1
`
`
`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
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`1
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`APPLE 1026
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`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
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`knowledge of the facts set forth herein, and am competent to testify to the
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`same.
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`2. I earned a Master of Library and Information Science (MLIS) from the
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`University of Wisconsin-Milwaukee in 2009. I have over ten years of
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`experience in the library/information science field. Beginning in 2004, I
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`have served in various positions in the public library sector including
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`Assistant Librarian, Youth Services Librarian and Library Director. I have
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`attached my Curriculum Vitae as Appendix A.
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`3. During my career in the library profession, I have been responsible for
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`materials acquisition for multiple libraries. In that position, I have cataloged,
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`purchased and processed incoming library works. That includes purchasing
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`materials directly from vendors, recording publishing data from the material
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`in question, creating detailed material records for library catalogs and
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`physically preparing that material for circulation. In addition to my
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`experience in acquisitions, I was also responsible for analyzing large
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`collections of library materials, tailoring library records for optimal catalog
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`1
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`2
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`search performance and creating lending agreements between libraries
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`during my time as a Library Director.
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`4. I am fully familiar with the catalog record creation process in the library
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`sector. In preparing a material for public availability, a library catalog record
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`describing that material would be created. These records are typically
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`written in Machine Readable Catalog (herein referred to as “MARC”) code
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`and contain information such as a physical description of the material,
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`metadata from the material’s publisher, and date of library acquisition. In
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`particular, the 008 field of the MARC record is reserved for denoting the
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`date of creation of the library record itself. As this typically occurs during
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`the process of preparing materials for public access, it is my experience that
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`an item’s MARC record indicates the date of an item’s public availability.
`
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`5. Typically, in creating a MARC record, a librarian would gather various bits
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`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
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`physical description is tracked in field 300 while title/attribution is tracked in
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`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
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`inclusion of said materials within the library’s collection, it is my experience
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`
`
`2
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`3
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`

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`that an item’s 008 field accurately indicates the date of an item’s public
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`availability.
`
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`6. This declaration is being drafted as of September 2020. Public and
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`university libraries in my area have been closed for months due to the
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`COVID-19 pandemic. My state, Pennsylvania, has a travel advisory, which
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`has affected my ability to travel. In my experience, library catalog records
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`are accurate descriptions of a library’s collection and my lack of physical
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`access to libraries at this time creates no doubt in my determinations of
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`authenticity or availability of the exhibits noted below.
`
`
`7. I have reviewed Exhibit 1024, a copy of an article entitled “Measurement
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`Site and Photodetector Size Considerations in Optimizing Power
`
`Consumption of a Wearable Reflectance Pulse Oximeter” by Y. Mendelson
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`and C. Pujary as published in the Proceedings of the 25th Annual
`
`International Conference of the IEEE Engineering in Medicine and Biology
`
`Society, September 17 – 21, 2003 (hereinafter referred to as “2003 IEEE
`
`conference publication”).
`
`
`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
`
`the MARC record for the 2003 IEEE conference publication, as held by the
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`
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`3
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`4
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`

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`University of Pennsylvania’s library. I secured this record myself from the
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`library’s public catalog.
`
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`9. The MARC record contained within Appendix MENDELSON01 accurately
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`describes the title, author, publisher, and ISBN number of the 2003 IEEE
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`conference publication. In comparing the listed fields in Appendix
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`MENDELSON01 to Exhibit 1024, it is my determination that Exhibit 1024
`
`is a true and correct copy of the “Measurement Site and Photodetector Size
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`Considerations in Optimizing Power Consumption of a Wearable
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`Reflectance Pulse Oximeter” article, and that the copy of the 2003 IEEE
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`conference publication in University of Pennsylvania’s library includes the
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`article in Exhibit 1024.
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON01 indicates that the 2003 IEEE conference publication was
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`first cataloged by the University of Pennsylvania’s library as of February 4,
`
`2004. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2003 IEEE conference
`
`publication, which included the article published as Exhibit 1024, was made
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`available to the public by the University of Pennsylvania at least as of
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`February 4, 2004.
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`
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`4
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`5
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`11. I have reviewed Exhibit 1016, a copy of an article entitled “A Wearable
`
`Reflectance Pulse Oximeter for Remote Physiological Monitoring” by Y.
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`Mendelson, R. J. Duckworth, and G. Comtois, as published in the
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`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”).
`
`
`12. Attached hereto as Appendix MENDELSON02 is a true and correct copy of
`
`the MARC record for the 2006 IEEE conference publication, as held by
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`Cornell University’s library. I secured this record myself from the library’s
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`public catalog.
`
`
`13. The MARC record contained within Appendix MENDELSON02 accurately
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`describes the title, author, publisher, and ISBN number of the 2006 IEEE
`
`conference publication. In comparing the listed fields in Appendix
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`MENDELSON02 to Exhibit 1016, it is my determination that Exhibit 1016
`
`is a true and correct copy of the “A Wearable Reflectance Pulse Oximeter
`
`for Remote Physiological Monitoring” article, and that the copy of the 2006
`
`IEEE conference publication in Cornell University’s library includes the
`
`article in Exhibit 1016.
`
`
`
`5
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`6
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`14. 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 1016, was made available to the
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`public by Cornell University at least as of December 26, 2007.
`
`
`15. I have reviewed Exhibit 1015, 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
`
`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
`
`“1988 publication”).
`
`
`16. 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.
`
`
`17. The MARC record contained within Appendix MENDELSON03 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of the
`
`
`
`6
`
`7
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`

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`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
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`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 1015, it is my determination that Exhibit 1015 is a true and correct
`
`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
`
`Sensor” article, and that the copy of the 1988 publication in University of
`
`Pennsylvania’s library includes the article in Exhibit 1015.
`
`
`18. 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
`
`
`
`7
`
`8
`
`

`

`as Exhibit 1015, was made available to the public by the University of
`
`Pittsburgh shortly after initial publication in August 1988.
`
`
`
`19. I have reviewed Exhibit 1017 a copy of an article entitled “Noninvasive
`
`Pulse Oximetry Utilizing Skin Reflectance Photoplethysmography” by Y.
`
`Mendelson and B. Ochs as published in IEEE Transactions on Biomedical
`
`Engineering Vol. 35, No. 10 (October 1988).
`
`
`20. Attached hereto as Appendix MENDELSON04 is a true and correct copy of
`
`the MARC record for IEEE Transactions on Biomedical Engineering as held
`
`by the Carnegie Library of Pittsburgh library. I secured this record myself
`
`from the library’s public catalog.
`
`
`21. The MARC record contained within Appendix MENDELSON04 accurately
`
`describes the title, author, publisher, and ISSN number of the IEEE
`
`Transactions on Biomedical Engineering. The ‘Lib Has.’ field of this
`
`MARC record indicates the Carnegie Library of Pittsburgh’s issue level
`
`holdings for the IEEE Transactions on Biomedical Engineering,
`
`demonstrating that the library’s collection contains the October 1988 edition
`
`containing “Noninvasive Pulse Oximetry Utilizing Skin Reflectance
`
`Photoplethysmography”. In comparing the information listed in Appendix
`
`
`
`8
`
`9
`
`

`

`MENDELSON04 to Exhibit 1017 it is my determination that Exhibit 1017 is
`
`a true and correct copy of the “Noninvasive Pulse Oximetry Utilizing Skin
`
`Reflectance Photoplethysmography” article, and that the copy of IEEE
`
`Transactions on Biomedical Engineering in the Carnegie Library of
`
`Pittsburgh includes the article in Exhibit 1017.
`
`
`22. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON04 indicates that the IEEE Transactions on Biomedical
`
`Engineering was first cataloged by the Carnegie Library of Pittsburgh as of
`
`November 10, 1975 and the ‘Lib. Has’ field indicates the library collected
`
`this journal in perpetuity from that date to 2009. Based on this information,
`
`it is my determination that IEEE Transactions on Biomedical Engineering
`
`October 1988, which includes “Noninvasive Pulse Oximetry Utilizing Skin
`
`Reflectance Photoplethysmography”, was made available to the public by
`
`the Carnegie Library of Pittsburgh shortly after initial release in late 1988.
`
`
`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
`
`
`
`9
`
`10
`
`

`

`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
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`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
`
`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: 9/30/2020
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`
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`
`
`10
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`11
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`

`

`APPENDIX A
`APPENDIX A
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`
`
`12
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`12
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`

`

`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
`
`13
`
`

`

`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.
`
`14
`
`

`

`
`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.
`
`15
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`

`

`APPENDIX MENDELSON01
`APPENDIX MENDELSONOI
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`16
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`16
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`001 2687279
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`110 2
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`IEEE Engineering in Medicine and Biology Society. b| Annual Conference n| (25th : d| 2003 : c| Cancun, Mexico)
`245 1
`0 a | Proceedings of the 25th Annual International Conference of the IEEE Engineering in Medicine and Biology Society: b| A new
`beginning for human health : 17-21 September, 2003, CancUn, Mexico / c| conference chair and co-chair,|orge E. Monzon,Jose' C.
`
`Principe [and others] ; IEEE [and others].
`
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`
`246 3
`O a| 25th Annual International Conference of the IEEE Engineering in Medicine and Biology Society
`
`246 3
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`
`264
`1 a| Piscataway, NewJersey : b|
`IEEE, c| [2003]
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`
`336
`a| text b| txt 2| rdacontent
`
`337
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`338
`a| volume b| nc 2| rdacarrier
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`500
`a| ”IEEE Catalog Number: 03CH37439"--T.p. verso.
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`504
`a| Includes bibliographic references and author index.
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`530
`a| Also available via the World Wide Web.
`
`650
`O a| Biomedical engineeringv| Congresses.
`
`650
`O a| Biomedical materialsv| Congresses.
`
`650
`O a| Biosensorsv| Congresses.
`
`700 1
`a| Monzén,Jorge E.
`
`700 1
`a| Principe]. C. q| (José C.)
`
`710 2
`a| Institute of Electrical and Electronics Engineers.
`949
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`1 1| 000053667144d| 1/12/2012e| 10/10/2011 || HATHIETAS m| UP-ANNEan 1 r Ys| Yt|
`ONLINE u| 3/16/2004 o|
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`a| R856.A2|344 2003 v.2w| LCc|
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`links to the
`digitized copy of this volume. If WITH DRAWING the volume or REPLACING a barcode, update the item record to reflect an ONLINE
`
`resource. Add a new barcode by adding a second item record. See Access Services Training Bulletin no. 25 for full instructions.
`a| R856.A2|344 2003 v.3w| LCC|
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`links to the
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`a| R856.A2|344 2003 v.4w| LCc|
`1 1| 000053667137 d| 1/12/2012 e| 10/10/2011 || HATHIETAS m| UP-ANNEXn|
`1 r YS| Yt|
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. |
`links to the
`digitized copy of this volume. If WITH DRAWING the volume or REPLACING a barcode, update the item record to reflect an ONLINE
`resource. Add a new barcode by adding a second item record. See Access Services Training Bulletin no. 25 for full instructions.
`
`949
`
`949
`
`949
`
`
`
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`17
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`APPENDIX MENDELSON02
`APPENDIX MENDELSON02
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`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.
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`a Biosensors.
`i2 fast i0 (OCoLcifst00832703
`a Conference papers and proceedings.
`i2 fast i0 (OCoLC)fst01423772
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`3 Full text available from IEEE/IET Electronic Library (IEL)
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