DECLARATION OF JACOB ROBERT MUNFORD
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`DECLARATION OF JACOB ROBERT MUNFORD
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`1
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`APPLE 1052
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`APPLE 1052
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`DECLARATION OF JACOB ROBERT MUNFORD
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`1
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`APPLE 1052
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`1
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`APPLE 1052
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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 CV.
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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 June 2021. 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. 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 1006, “Signal Quality and Data Fusion for False
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`Alarm Reduction in the Intensive Care Unit” by Q. Li and G.D. Clifford as
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`published in Journal of Electrocardiology November/December 2012.
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`8. Attached hereto as Appendix LI01 is a true and correct copy of the MARC
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`record for Journal of Electrocardiology as held by the Carnegie-Mellon
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`University library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix CMU01 accurately
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`describes the title, author, publisher, and ISSN number of Journal of
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`Electrocardiology. The ‘Location Items’ field of this record visible on page
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`2 indicates this collection includes the November/December 2012 edition of
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`3
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`4
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`Journal of Electrocardiology containing “Signal Quality and Data Fusion for
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`False Alarm Reduction in the Intensive Care Unit”.
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`9. Attached hereto as Appendix LI02 is a true and correct copy of the MARC
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`record for Journal of Electrocardiology as held by the University of
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`Pittsburgh library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix LI02 accurately
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`describes the title, author, publisher, and ISSN number of Journal of
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`Electrocardiology. The ‘Availability’ field of this record visible on page 3
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`indicates this collection includes the November/December 2012 edition of
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`Journal of Electrocardiology containing “Signal Quality and Data Fusion for
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`False Alarm Reduction in the Intensive Care Unit”.
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`10. In comparing Exhibit 1006 to Appendices LI01 and LI02, it is my
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`determination that Exhibit 1006 is a true and correct copy of “Signal Quality
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`and Data Fusion for False Alarm Reduction in the Intensive Care Unit” by
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`Q. Li and G.D. Clifford as published in Journal of Electrocardiology
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`November/December 2012.
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`11. The 008 field of each MARC record in Appendices LI01 and LI02 indicates
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`the date of record creation. The 008 field of Appendix LI01 indicates the
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`4
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`5
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`Carnegie-Mellon University library first acquired this journal as of
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`December 7, 2000 and still holds the journal in perpetuity. The 008 field of
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`Appendix LI02 indicates the University of Pittsburgh library first acquired
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`this journal as of November 16, 2001 and still holds the journal in
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`perpetuity. Considering this information, it is my determination that Journal
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`of Electrocardiology November/December 2012 and therefore “Signal
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`Quality and Data Fusion for False Alarm Reduction in the Intensive Care
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`Unit” by Q. Li and G.D. Clifford was made available to the public shortly
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`after its initial release in Winter 2012.
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`12. I have reviewed Exhibit 1011, “Atrial Fibrillation Detection Using a Smart
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`Phone” by J. Lee, B.A. Reyes, D.D. McManus, O Mathias and KH Chon as
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`published in Annual International Conference of the IEEE Engineering in
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`Medicine and Biology Society 2012.
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`13. Attached hereto as Appendix LEE01 is a true and correct copy of the MARC
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`record for Annual International Conference of the IEEE Engineering in
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`Medicine and Biology Society 2012 as held by the Rochester Institute of
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`Technology library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix LEE01 accurately
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`describes the title, author, publisher, and ISBN number of Annual
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`5
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`6
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society 2012.
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`14. Attached hereto as Appendix LEE02 is a true and correct copy of the MARC
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`record for Annual International Conference of the IEEE Engineering in
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`Medicine and Biology Society 2012 as held by the Virginia Commonwealth
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`University library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix LEE02 accurately
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`describes the title, author, publisher, and ISBN number of Annual
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society 2012.
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`15. In comparing Exhibit 1011 to Appendices LEE01 and LEE02, it is my
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`determination that Exhibit 1011 is a true and correct copy of “Atrial
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`Fibrillation Detection Using a Smart Phone” by J. Lee, B.A. Reyes, D.D.
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`McManus, O Mathias and KH Chon as published in Annual International
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`Conference of the IEEE Engineering in Medicine and Biology Society 2012.
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`16. The 008 field of each MARC record in Appendices LEE01 and LEE02
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`indicates the date of record creation. The 008 field of Appendix LEE01
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`indicates the Rochester Institute of Technology library first acquired this
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`proceeding as of December 12, 2012. The 008 field of Appendix LEE02
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`indicates the Virginia Commonwealth University library first acquired this
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`proceeding as of August 29, 2016. Considering this information, it is my
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`determination that Annual International Conference of the IEEE
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`Engineering in Medicine and Biology Society 2012 and therefore “Atrial
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`Fibrillation Detection Using a Smart Phone” by J. Lee, B.A. Reyes, D.D.
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`McManus, O Mathias and KH Chon was made available to the public at
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`least by Winter 2012.
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`17. I have reviewed Exhibit 1012, “Automatic Arrhythmia Detection Based on
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`Time and Time-Frequency Analysis of Heart Rate Variability” by M.G.
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`Tsipouras and D.I. Fotiadis as published in Computer Methods and
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`Programs in Biomedicine May 2004.
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`18. Attached hereto as Appendix TSIPOURAS01 is a true and correct copy of
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`the MARC record for Computer Methods and Programs in Biomedicine as
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`held by the Carnegie-Mellon University library. I secured this record myself
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`from the library’s public catalog. The MARC record contained within
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`Appendix TSIPOURAS01 accurately describes the title, author, publisher,
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`and ISSN number of Computer Methods and Programs in Biomedicine. The
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`‘Full Text Availability’ field of this record visible on page 2 indicates this
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`collection includes the May 2004 edition of Computer Methods and
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`Programs in Biomedicine containing “Automatic Arrhythmia Detection
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`Based on Time and Time-Frequency Analysis of Heart Rate Variability”.
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`19. Attached hereto as Appendix TSIPOURAS02 is a true and correct copy of
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`the MARC record for Computer Methods and Programs in Biomedicine as
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`held by the University of Pittsburgh library. I secured this record myself
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`from the library’s public catalog. The MARC record contained within
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`Appendix TSIPOURAS02 accurately describes the title, author, publisher,
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`and ISSN number of Computer Methods and Programs in Biomedicine. The
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`‘Full Text Availability’ field of this record visible on page 2 indicates this
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`collection includes the May 2004 edition of Computer Methods and
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`Programs in Biomedicine containing “Automatic Arrhythmia Detection
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`Based on Time and Time-Frequency Analysis of Heart Rate Variability”.
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`20. In comparing Exhibit 1012 to Appendices TSIPOURAS01 and
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`TSIPOURAS02, it is my determination that Exhibit 1012 is a true and
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`correct copy of “Automatic Arrhythmia Detection Based on Time and Time-
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`Frequency Analysis of Heart Rate Variability” by M.G. Tsipouras and D.I.
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`Fotiadis as published in Computer Methods and Programs in Biomedicine
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`May 2004.
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`21. The 008 field of each MARC record in Appendices TSIPOURAS01 and
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`TSIPOURAS02 indicates the date of record creation. The 008 field of
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`Appendix TSIPOURAS01 indicates the Carnegie-Mellon University library
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`first acquired this journal as of March 24, 1998 and held the journal in
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`perpetuity. The 008 field of Appendix TSIPOURAS02 indicates the
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`University of Pittsburgh library first acquired this journal as of May 27,
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`2003 and held the journal in perpetuity. Considering this information, it is
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`my determination that Computer Methods and Programs in Biomedicine
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`May 2004 and therefore “Automatic Arrhythmia Detection Based on Time
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`and Time-Frequency Analysis of Heart Rate Variability” by M.G. Tsipouras
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`and D.I. Fotiadis was made available to the public shortly after its initial
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`release in Spring 2004.
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`22. I have reviewed Exhibit 1016, “Development of the Irregular Pulse
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`Detection Method in Daily Life Using Wearable Photoplethysmographic
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`Sensor” by T. Suzuki, K. Kameyama and T. Tamura as published in Annual
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society 2009.
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`9
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`10
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`23. Attached hereto as Appendix SUZUKI01 is a true and correct copy of the
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`MARC record for Annual International Conference of the IEEE Engineering
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`in Medicine and Biology Society 2009 as held by the Rochester Institute of
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`Technology library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix SUZUKI01
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`accurately describes the title, author, publisher, and ISBN number of Annual
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society 2009.
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`24. Attached hereto as Appendix SUZUKI02 is a true and correct copy of the
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`MARC record for Annual International Conference of the IEEE Engineering
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`in Medicine and Biology Society 2009 as held by the University of North
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`Carolina library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix SUZUKI02
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`accurately describes the title, author, publisher, and ISBN number of Annual
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`International Conference of the IEEE Engineering in Medicine and Biology
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`Society 2009.
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`25. In comparing Exhibit 1016 to Appendices SUZUKI01 and SUZUKI02, it is
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`my determination that Exhibit 1016 is a true and correct copy of
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`“Development of the Irregular Pulse Detection Method in Daily Life Using
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`10
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`11
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`Wearable Photoplethysmographic Sensor” by T. Suzuki, K. Kameyama and
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`T. Tamura as published in Annual International Conference of the IEEE
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`Engineering in Medicine and Biology Society 2009.
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`26. The 008 field of each MARC record in Appendices SUZUKI01 and
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`SUZUKI02 indicates the date of record creation. The 008 field of Appendix
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`SUZUKI01 indicates the Rochester Institute of Technology library first
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`acquired this proceeding as of August 12, 2013. The 008 field of Appendix
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`SUZUKI02 indicates the University of North Carolina library first acquired
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`this proceeding as of October 1, 2008. Based on my experience, a
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`proceeding purchased months ahead of the conference is often given
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`restricted access rights until a publisher-given date. Considering this
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`information, it is my determination that Annual International Conference of
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`the IEEE Engineering in Medicine and Biology Society 2009 and therefore
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`“Development of the Irregular Pulse Detection Method in Daily Life Using
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`Wearable Photoplethysmographic Sensor” by T. Suzuki, K. Kameyama and
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`T. Tamura was made available to the public upon the date of the conference
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`in July 2009 and no later than August 12, 2013.
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`11
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`12
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`27. I have reviewed Exhibit 1033, “Heart Rate Variability: Measurement and
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`Clinical Utility” by R.E. Kleiger, P.K. Stein and J.T. Bigger as published in
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`Annals of Noninvasive Electrocardiology January 2005.
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`28. Attached hereto as Appendix KLEIGER01 is a true and correct copy of the
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`MARC record for Annals of Noninvasive Electrocardiology as held by the
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`University of Akron library. I secured this record myself from the library’s
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`public catalog. The MARC record contained within Appendix KLEIGER01
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`accurately describes the title, author, publisher, and ISSN number of Annals
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`of Noninvasive Electrocardiology. The ‘Begin/End’ field of this record
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`visible on page 2 indicates this collection includes the January 2005 edition
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`of Annals of Noninvasive Electrocardiology containing “Heart Rate
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`Variability: Measurement and Clinical Utility”.
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`29. Attached hereto as Appendix KLEIGER02 is a true and correct copy of the
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`MARC record for Annals of Noninvasive Electrocardiology as held by the
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`University of Pittsburgh library. I secured this record myself from the
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`library’s public catalog. The MARC record contained within Appendix
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`KLEIGER02 accurately describes the title, author, publisher, and ISSN
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`number of Annals of Noninvasive Electrocardiology. The ‘Full Text
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`Availability’ field of this record visible on page 2 indicates this collection
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`12
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`13
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`includes the January 2005 edition of Annals of Noninvasive
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`Electrocardiology containing “Heart Rate Variability: Measurement and
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`Clinical Utility”.
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`30. In comparing Exhibit 1033 to Appendices KLEIGER01 and KLEIGER02, it
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`is my determination that Exhibit 1033 is a true and correct copy of “Heart
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`Rate Variability: Measurement and Clinical Utility” by R.E. Kleiger, P.K.
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`Stein and J.T. Bigger as published in Annals of Noninvasive
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`Electrocardiology January 2005.
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`31. The 008 field of each MARC record in Appendices KLEIGER01 and
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`KLEIGER02 indicates the date of record creation. The 008 field of
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`Appendix KLEIGER01 indicates the University of Akron library first
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`acquired this journal as of May 25, 1995 and held the journal in perpetuity.
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`The 008 field of Appendix KLEIGER02 indicates the University of
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`Pittsburgh library first acquired this journal as of May 27, 2003 and held the
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`journal in perpetuity. Considering this information, it is my determination
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`that Annals of Noninvasive Electrocardiology January 2005 and therefore
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`“Heart Rate Variability: Measurement and Clinical Utility” by R.E. Kleiger,
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`P.K. Stein and J.T. Bigger was made available to the public shortly after its
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`initial release in Winter 2005.
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`13
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`14
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`32. I have reviewed Exhibit 1035, “Heart Rate and Exercise Intensity During
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`Sports Activities” by J. Karvonen and T. Vuorimaa as published in Sports
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`Medicine Vol 5 Issue 5.
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`33. Attached hereto as Appendix KARVONEN01 is a true and correct copy of
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`the MARC record for Sports Medicine as held by the Penn State University
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`library. I secured this record myself from the library’s public catalog. The
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`MARC record contained within Appendix KARVONEN01 accurately
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`describes the title, author, publisher, and ISSN number of Sports Medicine.
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`The ‘Availability’ field of this record visible on page 4 indicates this
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`collection includes the Vol 5 Issue 5 edition of Sports Medicine containing
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`“Heart Rate and Exercise Intensity During Sports Activities”.
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`34. Attached hereto as Appendix KARVONEN02 is a true and correct copy of
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`the MARC record for Sports Medicine as held by the Kent State University
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`library. I secured this record myself from the library’s public catalog. The
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`MARC record contained within Appendix KARVONEN02 accurately
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`describes the title, author, publisher, and ISSN number of Sports Medicine.
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`The ‘Lib. Has’ field of this record visible on page 3 indicates this collection
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`14
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`15
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`includes the Vol 5 Issue 5 edition of Sports Medicine containing “Heart Rate
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`and Exercise Intensity During Sports Activities”.
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`35. In comparing Exhibit 1035 to Appendices KARVONEN01 and
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`KARVONEN02, it is my determination that Exhibit 1035 is a true and
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`correct copy of “Heart Rate and Exercise Intensity During Sports Activities”
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`by J. Karvonen and T. Vuorimaa as published in Sports Medicine Vol 5
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`Issue 5.
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`36. The 008 field of each MARC record in Appendices KARVONEN01 and
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`KARVONEN02 indicates the date of record creation. The 008 field of
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`Appendix KARVONEN01 indicates the Penn State University library first
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`acquired this journal as of September 17, 1984 and held the journal in
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`perpetuity. The 008 field of Appendix KARVONEN02 indicates the Kent
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`State University library first acquired this journal as of March 7, 1984 and
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`held the journal in perpetuity. Considering this information, it is my
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`determination that Sports Medicine Vol 5 Issue 5 and therefore “Heart Rate
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`and Exercise Intensity During Sports Activities” by J. Karvonen and T.
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`Vuorimaa was made available to the public shortly after its initial release in
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`May 1988.
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`15
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`16
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`37. I have reviewed Exhibit 1039, “Support Vector Machine-Based Arrythmia
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`Classification Using Reduced Features of Heart Rate Variability Signal” by
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`B.M. Asl, S.K. Setarehdan and M. Mohebbi as published in Artificial
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`Intelligence in Medicine Sep. 2008.
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`38. Attached hereto as Appendix ASL01 is a true and correct copy of the MARC
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`record for Artificial Intelligence in Medicine as held by the Youngstown
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`State University library. I secured this record myself from the library’s
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`public catalog. The MARC record contained within Appendix ASL01
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`accurately describes the title, author, publisher, and ISSN number of
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`Artificial Intelligence in Medicine. The ‘362’ field of this record visible on
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`page 1 indicates this collection includes the Sep. 2008 edition of Artificial
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`Intelligence in Medicine containing “Support Vector Machine-Based
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`Arrythmia Classification Using Reduced Features of Heart Rate Variability
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`Signal”.
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`39. Attached hereto as Appendix ASL02 is a true and correct copy of the MARC
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`record for Artificial Intelligence in Medicine as held by the University of
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`Pittsburgh library. I secured this record myself from the library’s public
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`16
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`17
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`
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`catalog. The MARC record contained within Appendix ASL02 accurately
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`describes the title, author, publisher, and ISSN number of Artificial
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`Intelligence in Medicine. The ‘Full Text Availability’ field of this record
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`visible on page 2 indicates this collection includes the Sep. 2008 edition of
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`Artificial Intelligence in Medicine containing “Support Vector Machine-
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`Based Arrythmia Classification Using Reduced Features of Heart Rate
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`Variability Signal”.
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`40. In comparing Exhibit 1039 to Appendices ASL01 and ASL02, it is my
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`determination that Exhibit 1039 is a true and correct copy of “Support
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`Vector Machine-Based Arrythmia Classification Using Reduced Features of
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`Heart Rate Variability Signal” by B.M. Asl, S.K. Setarehdan and M.
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`Mohebbi as published in Artificial Intelligence in Medicine Sep. 2008.
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`41. The 008 field of each MARC record in Appendices ASL01 and ASL02
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`indicates the date of record creation. The 008 field of Appendix ASL01
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`indicates the Youngstown State University library first acquired this journal
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`as of February 27, 1998 and held the journal in perpetuity. The 008 field of
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`Appendix ASL02 indicates the University of Pittsburgh library first acquired
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`this journal as of July 19, 1999 and held the journal in perpetuity.
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`Considering this information, it is my determination that Artificial
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`17
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`18
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`
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`Intelligence in Medicine Sep. 2008 and therefore “Support Vector Machine-
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`Based Arrythmia Classification Using Reduced Features of Heart Rate
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`Variability Signal” by B.M. Asl, S.K. Setarehdan and M. Mohebbi was
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`made available to the public shortly after its initial release in Autumn 2008.
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`42. I have reviewed Exhibit 1044, “Application Design for a Smart Watch with
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`a High Resolution Display” by C. Narayanaswami and M. T. Raghunath as
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`published in Digest of Papers. Fourth International Symposium on
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`Wearable Computers 2000.
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`43. Attached hereto as Appendix NARAYANASWAMI01 is a true and correct
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`copy of the MARC record for Digest of Papers. Fourth International
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`Symposium on Wearable Computers 2000 as held by the George Mason
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`University library. I secured this record myself from the library’s public
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`catalog. The MARC record contained within Appendix
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`NARAYANASWAMI01 accurately describes the title, author, publisher,
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`and ISBN number of Digest of Papers. Fourth International Symposium on
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`Wearable Computers 2000.
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`44. Attached hereto as Appendix NARAYANASWAMI02 is a true and correct
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`copy of the MARC record for Digest of Papers. Fourth International
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`18
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`19
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`
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`Symposium on Wearable Computers 2000 as held by the Johns Hopkins
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`library. I secured this record myself from the library’s public catalog. The
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`MARC record contained within Appendix NARAYANASWAMI02
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`accurately describes the title, author, publisher, and ISBN number of Digest
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`of Papers. Fourth International Symposium on Wearable Computers 2000.
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`45. In comparing Exhibit 1044 to Appendices NARAYANASWAMI01 and
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`NARAYANASWAMI02, it is my determination that Exhibit 1044 is a true
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`and correct copy of “Application Design for a Smart Watch with a High
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`Resolution Display” by C. Narayanaswami and M. T. Raghunath as
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`published in Digest of Papers. Fourth International Symposium on
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`Wearable Computers 2000.
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`46. The 008 field of each MARC record in Appendices
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`NARAYANASWAMI01 and NARAYANASWAMI02 indicates the date of
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`record creation. The 008 field of Appendix NARAYANASWAMI01
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`indicates the George Mason University library first acquired this proceeding
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`as of August 30, 2001. The 008 field of Appendix NARAYANASWAMI02
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`indicates the Johns Hopkins library first acquired this proceeding as of
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`November 10, 2000. Considering this information, it is my determination
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`that Digest of Papers. Fourth International Symposium on Wearable
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`
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`19
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`20
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`
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`Computers 2000 and therefore “Application Design for a Smart Watch with
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`a High Resolution Display” by C. Narayanaswami and M. T. Raghunath was
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`made available to the public at least by November 2000 and no later than
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`August 2001.
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`47. I have reviewed Exhibit 1045, “Dependence of Inertial Measurement of
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`Distance of Accelerometer Noise” by Y.K. Thong, M.S. Woolf, J.A. Crowe,
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`B.R. Hayes-Gill published in Measurement Science and Technology Vol 13
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`Issue 8.
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`48. Attached hereto as Appendix THONG01 is a true and correct copy of the
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`MARC record for Measurement Science and Technology as held by the
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`Carnegie-Mellon University library. I secured this record myself from the
`
`library’s public catalog. The MARC record contained within Appendix
`
`THONG01 accurately describes the title, author, publisher, and ISSN
`
`number of Measurement Science and Technology. The ‘Full Text
`
`Availability’ field of this record visible on page 2 indicates this collection
`
`includes the Vol 13 Issue 8 edition of Measurement Science and Technology
`
`containing “Dependence of Inertial Measurement of Distance of
`
`Accelerometer Noise”.
`
`
`
`
`
`20
`
`21
`
`
`
`49. Attached hereto as Appendix THONG02 is a true and correct copy of the
`
`MARC record for Measurement Science and Technology as held by the
`
`University of Pittsburgh library. I secured this record myself from the
`
`library’s public catalog. The MARC record contained within Appendix
`
`THONG02 accurately describes the title, author, publisher, and ISSN
`
`number of Measurement Science and Technology. The “Full Text
`
`Availability” field of this record visible on page 2 indicates this collection
`
`includes the Vol 13 Issue 8 edition of Measurement Science and Technology
`
`containing “Dependence of Inertial Measurement of Distance of
`
`Accelerometer Noise”.
`
`
`50. In comparing Exhibit 1045 to Appendices THONG01 and THONG02, it is
`
`my determination that Exhibit 1045 is a true and correct copy of
`
`“Dependence of Inertial Measurement of Distance of Accelerometer Noise”
`
`by Y.K. Thong, M.S. Woolf, J.A. Crowe and B.R. Hayes-Gill as published
`
`in Measurement Science and Technology Vol 13 Issue 8.
`
`
`51. The 008 field of each MARC record in Appendices THONG01 and
`
`THONG02 indicates the date of record creation. The 008 field of Appendix
`
`THONG01 indicates the Carnegie-Mellon University library first acquired
`
`this journal as of March 28, 1996 and held the journal in perpetuity. The 008
`
`
`
`21
`
`22
`
`
`
`field of Appendix THONG02 indicates the University of Pittsburgh library
`
`first acquired this journal as of March 28, 1996 and held the journal in
`
`perpetuity. Considering this information, it is my determination that
`
`Measurement Science and Technology Vol 13 Issue 8 and therefore
`
`“Dependence of Inertial Measurement of Distance of Accelerometer Noise”
`
`by Y.K. Thong, M.S. Woolf, J.A. Crowe and B.R. Hayes-Gill was made
`
`available to the public shortly after its initial release in Summer 2002.
`
`
`52. I have reviewed Exhibit 1047, a selection from Black’s Medical Dictionary,
`
`2005 by Harvey Marcovitch.
`
`
`53. Attached hereto as Appendix MARCOVITCH01 is a true and correct copy
`
`of the MARC record for Black’s Medical Dictionary as held by the Serving
`
`Every Ohioan library. I secured this record myself from the library’s public
`
`catalog. The MARC record contained within Appendix MARCOVITCH01
`
`accurately describes the title, author, publisher, and ISBN number of Black’s
`
`Medical Dictionary.
`
`
`54. Attached hereto as Appendix MARCOVITCH02 is a true and correct copy
`
`of the MARC record for Black’s Medical Dictionary as held by the
`
`University of Pittsburgh library. I secured this record myself from the
`
`
`
`22
`
`23
`
`
`
`library’s public catalog. The MARC record contained within Appendix
`
`MARCOVITCH02 accurately describes the title, author, publisher, and
`
`ISBN number of Black’s Medical Dictionary.
`
`
`55. In comparing Exhibit 1047 to Appendices MARCOVITCH01 and
`
`MARCOVITCH02, it is my determination that Exhibit 1047 is a true and
`
`correct copy of Black’s Medical Dictionary by Harvey Marcovitch.
`
`
`56. The 008 field of each MARC record in Appendices MARCOVITCH01 and
`
`MARCOVITCH02 indicates the date of record creation. The 008 field of
`
`Appendix MARCOVITCH01 indicates the Serving Every Ohioan library
`
`first acquired this proceeding as of March 27, 2006. The 008 field of
`
`Appendix MARCOVITCH02 indicates the University of Pittsburgh library
`
`first acquired this proceeding as of May 23, 2006. Considering this
`
`information, it is my determination that Black’s Medical Dictionary, 2005
`
`by Harvey Marcovitch was made available to the public at least by Spring
`
`2006.
`
`
`57. I have reviewed Exhibit 1049, “A Patient-Adaptable ECG Beat Classifier
`
`Using a Mixture of Experts Approach” by Yu Hen Hu, Surekha Palreddy
`
`
`
`23
`
`24
`
`
`
`and Willis J. Tompkins as published in IEEE Transactions on Biomedical
`
`Engineering September 1997.
`
`
`58. Attached hereto as Appendix HU01 is a true and correct copy of the MARC
`
`record for IEEE Transactions on Biomedical Engineering as held by the
`
`Carnegie Library of Pittsburgh. I secured this record myself from the
`
`library’s public catalog. The MARC record contained within Appendix
`
`HU01 accurately describes the title, author, publisher, and ISSN number of
`
`IEEE Transactions on Biomedical Engineering. The ‘Lib Has’ field of this
`
`record visible on page 2 indicates this collection includes the September
`
`1997 edition of IEEE Transactions on Biomedical Engineering containing
`
`“A Patient-Adaptable ECG Beat Classifier Using a Mixture of Experts
`
`Approach”.
`
`
`59. Attached hereto as Appendix HU02 is a true and correct copy of the MARC
`
`record for IEEE Transactions on Biomedical Engineering as held by the
`
`Cornell University library. I secured this record myself from the library’s
`
`public catalog. The MARC record contained within Appendix HU02
`
`accurately describes the title, author, publisher, and ISSN number of IEEE
`
`Transactions on Biomedical Engineering. The “863” field of this record
`
`visible on page 1 indicates this collection includes the September 1997
`
`
`
`24
`
`25
`
`
`
`edition of IEEE Transactions on Biomedical Engineering containing “A
`
`Patient-Adaptable ECG Beat Classifier Using a Mixture of Experts
`
`Approach”.
`
`
`60. In comparing Exhibit 1049 to Appendices HU01 and HU02, it is my
`
`determination that Exhibit 1049 is a true and correct copy of “A Patient-
`
`Adaptable ECG Beat Classifier Using a Mixture of Experts Approach” by
`
`Yu Hen Hu, Surekha Palreddy and Willis J. Tompkins as published in IEEE
`
`Transactions on Biomedical Engineering September 1997.
`
`
`61. The 008 field of each MARC record in Appendices HU01 and HU02
`
`indicates the date of record creation. The 008 field of Appendix HU01
`
`indicates the Carnegie Library of Pittsburgh first acquired this journal as of
`
`November 1, 1975 and held the journal in perpetuity until 2009. The 008
`
`field of Appendix HU02 indicates the Cornell University library first
`
`acquired this journal as of November 1, 1975 and held the journal in
`
`perpetuity until 2002. Considering this information, it is my determination
`
`that IEEE Transactions on Biomedical Engineering September 1997 and
`
`therefore “A Patient-Adaptable ECG Beat Classifier Using a Mixture of
`
`Experts Approach” by Yu Hen Hu, Surekha Palreddy and Willis J.
`
`
`
`25
`
`26
`
`
`
`Tompkins was made available to the public shortly after its initial release in
`
`Fall 1997.
`
`
`62. 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.
`
`
`63. 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
`
`willful false statements and the li
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