IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Poeze, et al.
`In re Patent of:
`U.S. Patent No.: 10,376,191
`Issue Date:
`August 13, 2019
`Appl. Serial No.: 16/409,515
`Filing Date:
`May 10, 2019
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NON-INVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0011IP1
`
`
`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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`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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`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
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`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
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`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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`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 November 2020. Public and university
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`libraries in my area have been closed for months due to the COVID-19
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`pandemic. My state, Pennsylvania, has a travel advisory, which has affected
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`my ability to travel. In my experience, library catalog records are accurate
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`descriptions of a library’s collection and my lack of physical access to
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`libraries at this time creates no doubt in my determinations of authenticity or
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`availability of the exhibits noted below.
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`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
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`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
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society, September 17 – 21, 2003 (hereinafter referred to as “2003 IEEE
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`conference publication”).
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`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
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`the MARC record for the 2003 IEEE conference publication, as held by the
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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
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`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.
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`10. The 008 field of the MARC record noted on page 1 of Appendix
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`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,
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`2004. Based on this information and considering the dates of the conference,
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`it is my determination that the 2003 IEEE conference publication, which
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`included the article published as Exhibit 1024, was made available to the
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`public by the University of Pennsylvania at least as of February 4, 2004.
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`11. I have reviewed Exhibit 1015, a copy of an article entitled “Design and
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`Evaluation of a New Reflectance Pulse Oximeter Sensor” by Y. Mendelson,
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`et al., as published in the Journal of the Association for the Advancement of
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`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
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`“1988 publication”).
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`12. Attached hereto as Appendix MENDELSON03 is a true and correct copy of
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`the MARC record for the 1988 publication held by the University of
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`Pennsylvania’s library. I secured this record myself from the library’s public
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`catalog.
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`13. The MARC record contained within Appendix MENDELSON03 accurately
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`describes the title, author, publisher, and ISSN number of the Journal of the
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`Association for the Advancement of Medical Instrumentation. The 949 field
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`of a MARC record is used for institution-specific notations and the 949
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`fields of this MARC record indicate the University of Pennsylvania’s issue
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`level holdings for the Journal of the Association for the Advancement of
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`Medical Instrumentation, demonstrating that the University of
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`Pennsylvania’s collection contains volumes 17 – 22. These journal holdings
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`clearly include Volume 22, No. 4, which corresponds to the 1988
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`publication. In comparing the listed fields in Appendix MENDELSON03 to
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`Exhibit 1015, it is my determination that Exhibit 1015 is a true and correct
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`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
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`Sensor” article, and that the copy of the 1988 publication in University of
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`Pennsylvania’s library includes the article in Exhibit 1015.
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`14. The 008 field of the MARC record noted on page 1 of Appendix
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`MENDELSON03 indicates that the Journal of the Association for the
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`Advancement of Medical Instrumentation was first cataloged by the
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`University of Pennsylvania’s library as of August 8, 1983. The 362 field of
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`the MARC record indicates University of Pennsylvania’s acquisition of this
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`material ceased as of Vol. 22, No. 6. Based on this information, it is my
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`determination that the 1988 publication, which included the article published
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`as Exhibit 1015, was made available to the public by the University of
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`Pittsburgh shortly after initial publication in August 1988.
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`15. I have been retained on behalf of the Petitioner to provide assistance in the
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`above-illustrated matter in establishing the authenticity and public
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`availability of the documents discussed in this declaration. I am being
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`compensated for my services in this matter at the rate of $100.00 per hour
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`plus reasonable expenses. My statements are objective, and my
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`compensation does not depend on the outcome of this matter.
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`16. 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
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`true and that all statements made on information and belief are believed to
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`be true; and further that these statements were made the knowledge that
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`willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`
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`Dated: 11/11/2020
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`
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`Jacob Robert Munford
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`APPENDIX A
`APPENDIX A
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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.
`
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`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
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`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
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`10
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`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.
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`Professional Involvement
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`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
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`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
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`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
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`
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`Professional Development
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`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.
`
`12
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`APPENDIX MENDELSONO1
`APPENDIX MENDELSON01
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`Ccatalog
`
`@) PennState
`
`WetSa Mieleaos)
`
`screenshot-catalog.libraries.psu.edu-2020.08.28-094752
`https://catalog.libraries.psu.edu/catalog/2687279/marc_view
`28.08.2020
`
`
`
`
`
`Keyword +|Search... Advanced search Start Over
`
`MARC View
`
`LEADER 03618cam a2200409 a 4500
`001 2687279
`
`003 SIRSI
`
`
`005 20151215101812.0
`
`008 040204t20032003njua b 101 0 eng d
`
`019
`a| MARS
`
`020
`a| 0780377893(4 v. set)
`
`035
`a| (OCoLC)54350995
`040 a| MoKL c| MoKL d| OCoLC d] UtOrBLW
`
`
`110 2 IEEE Engineering in Medicine and Biology Society. b| Annual Conference n| (25th : d| 2003: c| Canctin, Mexico) a|
`
`245 1
`0 a| Proceedings of the 25th Annual International Conference of the IEEE Engineering in Medicine and Biology Society : b| Anew
`beginning for human health : 17-21 September, 2003, Cancun, Mexico / c| conference chair and co-chair, Jorge E. Monzon, José C.
`Principe [and others] ; IEEE [and others].
`
`246 3
`0 al New beginning for human health
`
`246 3.
`0 a| 25th Annual International Conference of the IEEE Engineering in Medicine and Biology Society
`
`246 3.
`0 a| Engineering in medicine and biology
`
`264
`1 a| Piscataway, New Jersey : b|
`IEEE, c| [2003]
`
`264
`4 c| ©2003
`
`300
`a| 4 volumes: b| illustrations ; c] 28 cm
`
`336
`a| text b| txt 2| rdacontent
`
`337
`a| unmediated b| n2| rdamedia
`
`338
`a| volume b| nc 2| rdacarrier
`
`500
`a| "IEEE Catalog Number: 03CH37439"--T.p. verso.
`
`504
`a| Includes bibliographic references and author index.
`
`530
`a| Also available via the World Wide Web.
`
`650
`0 a| Biomedical engineering v| Congresses.
`
`650
`0 a| Biomedical materials v| Congresses.
`650 0 a| Biosensors v| Congresses.
`
`
`700 1
`a| Monzon,Jorge E.
`
`700 1
`a| Principe, J. C. q| José C.)
`
`“10 2
`a| Institute of Electrical and Electronics Engineers.
`949
`a| R856.A21344 2003 v.1 w| LC c|
`1 i| 000053667144 d| 1/12/2012 e| 10/10/2011 || HATHIETAS m| UP-ANNEXn| 1r| Ys| Yt|
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It
`links to the
`digitized copy of this volume. If WITHDRAWING 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 forfull instructions.
`a| R856.A21344 2003 v.2 w| LC c|
`1
`i| 000053657404 d| 1/12/2012 e| 10/10/2011 || HATHIETAS m| UP-ANNEXn| 1r| Ys| Yt|
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It
`links to the
`digitized copy of this volume. If WITHDRAWING 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 forfull instructions.
`a| R856.A21344 2003 v.3 w| LC c|
`1
`i] 000053667403 d| 1/12/2012 e| 10/10/2011 || HATHIETAS m| UP-ANNEXn| 1r| Ys| Yt|
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It
`links to the
`digitized copy of this volume. If WITHDRAWING 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 forfull instructions.
`a| R856.A21344 2003 v.4 w| LC c|
`1
`i] 000053667137 d| 1/12/2012 e| 10/10/2011 || HATHIETAS m| UP-ANNEXn|1r| Ys| Yt|
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It
`links to the
`digitized copy of this volume. If WITHDRAWING 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 forfull instructions.
`
`949
`
`949
`
`
`
`949
`
`toa
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`@) PennState
`
`Copyright@2019The Pennsylvania State University.All rights
`
`reserved. Except where otherwise noted,this work is subject
`
`PENN STATE
`UNIVERSITY LIBRARIES
`
`CONNECT WITH
`PENN STATE
`UNIVERSITY LIBRARIES
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`APPENDIX MENDELSONO3
`APPENDIX MENDELSON03
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`Catalog
`
`@) PennState
`
`University Libraries
`
`screenshot-catalog.libraries.psu.edu-2020.08.28-095412
`https://catalog.libraries.psu.edu/catalog/1382884/marc_view
`28.08.2020
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`
`
`
`
`Keyword +|Search... Advanced search Start Over
`
`MARC View
`
`LEADER 02022nas a22004451a 4500
`
`001 1382884
`
`003 SIRSI
`
`005 20151215010416.0
`
`008 830808 19739999xx bu 0 Oeng d
`
`010
`a| 73643617
`
`019
`a| MARS
`
`022 0
`a| 0090-6689
`
`032
`a| 709820 b| USPS
`
`035
`a| LIAS1405187
`
`035
`a| (OCoLC)1786771
`
`040
`a| PStc| PStd| WaOLN d| UtOrBLW
`
`050 0
`0 al R856.A1 b| A85
`
`245 0
`0 al Medical instrumentation.
`
`264
`1 a| Arlington, Va. :b| AAMI, c| [1973]-1988.
`
`300
`a| 16 volumes: b| illustrations ; c| 29 cm
`
`336
`a| text b] txt 2| rdacontent
`
`337
`a| unmediated b| n 2| rdamedia
`
`338
`a| volume b| nc 2| rdacarrier
`
`362 0
`a| Vol. 7, no. 1 Jan./Feb. 1973)-v. 22, no. 6 (Dec. 1988).
`
`550
`a| "Journal of the Association for the Advancementof Medical Instrumentation".
`
`650
`0 al Medical instruments and apparatus v| Periodicals.
`
`650
`0 a| Biomedical engineering v| Periodicals.
`
`650
`0 al Prosthesis v| Periodicals.
`
`710 2
`a| Association for the Advancement of Medical Instrumentation.
`
`780 0
`0 t| JAAMI: journal of the Association for the Advancementof Medical Instrumentation.
`
`780 0
`5 t| Clinical engineering. g| 1981-
`
`785 0
`7 t| Biomedical technology today.
`
`785 0
`7 t| Biomedical instrumentation & technology.
`
`936 1
`a| Vol. 17, no. 1 (Jjan./Feb. 1983).
`
`949
`a| R856.A1A85 v.17 1983 w| LCPER c|
`1 i| 0000739453141] HATHIETAS m| UP-ANNEX r| Ys| Yt| ONLINE u| 10/10/2012 z| 8263
`
`949
`a| R856.A1A85 v.18 1984 w| LCPER c|
`1 i| 000073946120 || HATHIETAS m| UP-ANNEXr| Ys| Yt| ONLINE u| 10/10/2012 z| 8263
`
`949
`a| R856.A1A85 v.19 1985 w| LCPER c|
`1 i| 000073946205 || HATHIETAS m| UP-ANNEXr| Ys| Yt| ONLINE u[ 10/10/2012 z| 8263
`
`949
`a| R856.A1A85 v.20 1986 w| LCPER c|
`1 i| 000073946199 || HATHIETAS m| UP-ANNEXr| Ys| Yt| ONLINE u| 10/10/2012 z| 8263
`
`949
`a| R856.A1A85 v.21 1987 w| LCPER c|
`1 i| 000073946182 || HATHIETAS m| UP-ANNEXr| Ys| Yt| ONLINE u[ 10/10/2012 z| 8263
`949 1 i| 000073946175 || HATHIETAS m| UP-ANNEXr| Ys| Yt] ONLINE u] 10/10/2012 z| 8263 a| R856.A1A85 v.22 1988 w| LCPER c|
`
`
`
`852 0
`1 al PStb| UP-ANNEX c| CATO-2 h| R856.A1 i| A85
`
`866
`0 8| Oal v.17(1983)-v.22(1988)
`
`ry PennState
`
`Copyright@2019The Pennsylvania State University.All rights au
`
`reserved. Except where otherwisenoted,this work is subject
`
`UNIVERSITY LIBRARIES
`
`toa
`
`SeEEE
`
`aNEyvv
`UNIVERSITY LIBRARIES
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`17
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