`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`APPLIED MATERIALS, INC.
`
`Petitioner
`
`v.
`
`DEMARAY LLC
`
`Patent Owner
`
`_________________
`
`Patent No. 7,544,276
`_________________
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D.
`
`APPLIED MATERIALS EXHIBIT 1042 (Part 1 of 3)
`
`Samsung Electronics Co., Ltd. v. Demaray LLC
`Samsung Electronic's Exhibit 1042 (Vol 1 of 3 )
`Exhibit 1042, Page 1
`
`
`
`Table of Contents
`
`I.
`
`INTRODUCTION ............................................................................................. 3
`A. Qualifications and Professional Experience .................................................... 3
`B. Scope of This Declaration .............................................................................12
`C. Evidence Considered in Forming My Opinions ............................................14
`II. Authentication and Public Availability of Belkind (Appendix 1008) .............19
`A. Authentication ................................................................................................19
`B. Linda Hall Library Records ...........................................................................21
`C. British Library MARC Record ......................................................................25
`D. Summary of My Opinion on Belkind ............................................................28
`III. Authentication and Public Availability of Dogheche (Appendix 1029) .........30
`A. Authentication ................................................................................................30
`B. Linda Hall Library Records ...........................................................................32
`C. British Library MARC Record ......................................................................36
`D. Actual Usage Record .....................................................................................39
`E. Summary of My Opinion on Dogheche ........................................................42
`IV. Authentication and Public Availability of Sproul (Appendix 1036) ...............44
`A. Authentication ................................................................................................44
`B. Linda Hall Library Records ...........................................................................46
`C. Actual Usage Record .....................................................................................50
`D. Summary of My Opinion on Sproul ..............................................................52
`V. Authentication and Public Availability of Safi (Appendix 1039) ...................54
`A. Authentication ................................................................................................54
`B. Linda Hall Library Records ...........................................................................56
`C. British Library Record ...................................................................................60
`
`Ex. 1042, Page 2
`
`
`
`D. Actual Usage Record .....................................................................................63
`E. Summary of My Opinion on Safi ..................................................................64
`VI. Authentication and Public Availability of Kelly (Appendix 1059) .................66
`A. Authentication ................................................................................................66
`B. Linda Hall Library Records ...........................................................................68
`C. Actual Usage Record .....................................................................................73
`D. Summary of My Opinion on Kelly ................................................................74
`VII. CONCLUSION ................................................................................................75
`
`Ex. 1042, Page 3
`
`
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of
`
`Applied Materials, Inc. (“APPLIED”) for Inter Partes Review (“IPR”) proceedings
`
`before the United States Patent and Trademark Office (“PTO”) regarding U.S. Patent
`
`Nos. 7,381,657 and 7,544,276.
`
`2.
`
`I am being compensated for my work in this matter at my customary
`
`hourly rate. I am also being reimbursed for any reasonable expenses associated with
`
`my work and testimony in this investigation. My compensation is not contingent on
`
`the results of my study, the substance of my opinions, or the outcome of the above
`
`matter(s).
`
`I.
`
`INTRODUCTION
`
`A.
`
`3.
`
`Qualifications and Professional Experience
`
`My complete qualifications and professional experience are described
`
`in my academic curriculum vitae (Appendix A). The following is a brief summary
`
`of my relevant qualifications and professional experience.
`
`4.
`
`I am currently a Professor in the Department of Library and Information
`
`Science at the Catholic University of America. I have experience working in an
`
`academic library, a medical library, and a legislative library and have been a
`
`professor for more than 25 years. I hold a Ph.D. in Library and Information Studies
`
`Ex. 1042, Page 4
`
`
`
`from the University of Wisconsin-Madison and a Masters in Library and Information
`
`Studies from the University of Wisconsin-Madison.
`
`5.
`
`I am an expert on library cataloging and classification and have
`
`published two editions on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000 and 2006). I teach a variety of
`
`courses, including Cataloging and Classification, Advanced Cataloging and
`
`Classification, Organization of Internet Resources, Organization of Information,
`
`Digital Content Creation and Management, Internet Searches and Web Design,
`
`Information Literacy Instruction, Advanced Information Retrieval and Analysis
`
`Strategies, and The Information Professions in Society. I am familiar with metadata
`
`schema design and implementation. In my teaching I have covered cataloging and
`
`classification standards and tools, the design and implementation of metadata in
`
`databases, search engines, digital repositories, digital libraries, and digital archives.
`
`I have also covered how information organization affects the discovery and access
`
`to digital resources on the Internet. My research interests cover cataloging and
`
`classification,
`
`information organization, metadata,
`
`information
`
`retrieval,
`
`information architecture, digital collections, scholarly communication, user
`
`interaction with information systems, and others.
`
`6.
`
`I am very familiar with a library cataloging encoding standard known
`
`Ex. 1042, Page 5
`
`
`
`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
`
`became the national standard for sharing bibliographic data in the United States by
`
`1971 and the international standard by 1973. MARC is the primary communications
`
`protocol for the transfer and storage of bibliographic metadata in libraries. Experts
`
`in my field reasonably rely upon MARC records when forming their opinions. My
`
`understanding of MARC is based in part on my personal experience as a cataloger
`
`and as a cataloging instructor over the years, extending back to the 1984 timeframe.
`
`7.
`
`A MARC record consists of several fields, each of which contains
`
`specific data about the work. Each field is identified by a standardized, unique, three-
`
`digit code corresponding to the type of data that follows. Appendix B is a true and
`
`correct copy of Parts 7 to 10 of “Understanding MARC Bibliographic: Machine-
`
`Readable Cataloging” (https://www.loc.gov/marc/umb/um07to10.html) from the
`
`Library of Congress that explains commonly used MARC fields. For example, the
`
`personal author of the work is recorded in Field 100, the title is recorded in Field
`
`245, publisher information is recorded in Field 260, the physical volume and
`
`characteristics of a publication are recorded in Field 300, and topical subjects are
`
`recorded in the 650 fields.
`
`8.
`
`The Online Computer Library Center (OCLC) is the largest
`
`bibliographic network of the world, with more than 473 million records and
`
`Ex. 1042, Page 6
`
`
`
`thousands of member institutions (many of which are libraries of some type) in more
`
`than 100 countries. OCLC was founded in 1967 to promote and support library
`
`cooperation. According to the “Third Article, Amended Articles of Incorporation of
`
`OCLC Online Computer Library Center, Inc.,” OCLC was created “to establish,
`
`maintain and operate a computerized library network and to promote the evolution
`
`of library use, of libraries themselves, and of librarianship, and to provide processes
`
`and products for the benefit of library users and libraries, including such objectives
`
`as increasing availability of library resources to individual library patrons and
`
`reducing the rate of rise of library per-unit costs, all for the fundamental public
`
`purpose of furthering ease of access to and use of the ever-expanding body of
`
`worldwide scientific, literary and educational knowledge and information” (source:
`
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
`
`9.
`
`OCLC members can contribute original cataloging records in MARC
`
`to the system or derive cataloging records from existing records, an activity referred
`
`to as “copy cataloging.” When an OCLC participating institution acquires a work, it
`
`can create an original MARC record for the work in OCLC’s Connexion system (a
`
`system for catalogers to create and share MARC records), and the system will
`
`automatically generate a code for the date of record creation in the yymmdd format,
`
`and the creating library’s OCLC symbol is recorded in subfield “a” of the 040 field.
`
`Ex. 1042, Page 7
`
`
`
`Once the MARC record is in Connexion, it becomes available to other OCLC
`
`members for adoption to their local online catalogs (i.e., copy cataloging). This
`
`process of cooperative cataloging has been in place since OCLC began operation in
`
`the 1960s.
`
`10. After a MARC record is created in Connexion, it also becomes
`
`searchable and viewable on WorldCat, which is a free web portal for users to explore
`
`more than 10,000 libraries worldwide. The record in WorldCat, however, is not
`
`presented in MARC fields. Instead, the data elements are labeled to help users
`
`interpret the record. Thus, the information stored in MARC records in Connexion is
`
`available to the interested public through the user-friendly WorldCat web portal.
`
`11. WorldCat (http://www.worldcat.org) is “the world’s largest network of
`
`library content and services” and its features are summarized in “What is WorldCat”
`
`(http://www.worldcat.org/whatis/default.jsp). WorldCat began operation in January
`
`1998 as a free web portal to more than 10,000 library collections worldwide.
`
`Through WorldCat, users can search for information in their local libraries and
`
`libraries around the world. WorldCat allows users to search for books, CDs, videos,
`
`and many new types of digital content, such as audiobooks, in many languages.
`
`Users can also retrieve research materials and article citations with links to their full
`
`text. After an item is retrieved, WorldCat helps users identify a library nearby that
`
`Ex. 1042, Page 8
`
`
`
`holds the item or all the libraries that hold the item. WorldCat is an efficient way to
`
`explore the content held by more than 10,000 libraries around the world. WorldCat
`
`is publicly accessible, and there is no fee to perform a search on WorldCat.
`
`12. Library online catalogs gained acceptance in the early 1980s and many
`
`libraries migrated their systems to the World Wide Web in the mid-1990s. Library
`
`online catalogs are based on MARC records that represent their collections in order
`
`to help the public understand what materials are publicly accessible in those
`
`libraries. Most libraries with online catalogs have made their catalogs freely
`
`available on the Web. These online catalogs offer user-friendly search interfaces.
`
`Strong user interest in keyword searches and the popularity of Google have led to
`
`the “googlization” of library search systems. As a result, many library catalogs now
`
`provide a single search box for users to conduct keyword searches, with additional
`
`support for searches by author, title, subject terms, and other data elements such as
`
`ISBN (International Standard Book Number). Library catalogs these days also offer
`
`features for users to narrow their search results by language, year, format, and other
`
`elements. Many libraries display MARC records on their online catalogs with labels
`
`for the data elements to help the public interpret MARC records. Many libraries also
`
`offer the option to display MARC records in MARC fields.
`
`13. Libraries create MARC records for works they acquire, including
`
`Ex. 1042, Page 9
`
`
`
`books, serials, motion pictures, and publications in other formats. Monograph
`
`cataloging is fairly common in libraries, and most libraries make a newly cataloged
`
`monograph available to the public soon after the cataloging work is completed,
`
`usually within a week. Libraries can create original cataloging records or use an
`
`existing record in OCLC to create a copy cataloging record. As soon as the
`
`cataloging record is completed, it is added to the library’s online catalog for users.
`
`If the record is an original record, it is also entered into OCLC WorldCat. If it is a
`
`copy cataloging record, the library’s holding symbol is attached to the existing
`
`original record in OCLC WorldCat to facilitate searching and interlibrary loan. This
`
`practice is designed to facilitate resource discovery and sharing and has been in place
`
`since OCLC began operation in the 1960s.
`
`14. The cataloging of serials and the serial check-in process are discussed
`
`here to show how libraries usually provide access to newly received serial issues.
`
`According to the glossary of the RDA: Resource Description and Access cataloging
`
`standard, a serial is “a mode of issuance of a manifestation issued in successive parts,
`
`usually bearing numbering, that has no predetermined conclusion. A serial includes
`
`a periodical, monographic series, newspaper, etc.” Because the publisher of a serial
`
`makes new issues of the serial available successively, a customary cataloging
`
`practice is to create one bibliographic record for the serial, and the MARC serial
`
`Ex. 1042, Page 10
`
`
`
`record typically provides information on the beginning date and frequency of the
`
`serial, not the dates of individual issues. In other words, libraries typically do not
`
`create MARC records for individual issues of a serial. Instead, they rely on a serial
`
`check-in system to track the receipt of new issues. A common check-in practice is
`
`to date stamp a new issue when it arrives. This practice has become automated since
`
`the late 1990s, and libraries now vary in how they share the receipt date of a new
`
`serial issue with the public. Some libraries use a date stamp, some affix a label to
`
`indicate the receipt date, some pencil in the receipt date, and some do not provide
`
`the information to the public. I am familiar with all of these processes based on my
`
`years of personal experience, as a cataloger and as a cataloging instructor and
`
`researcher, interacting with many different libraries and their systems, including
`
`during the 1990s and 2000s.
`
`15. The serial check-in process usually takes less than an hour, and one of
`
`the steps involves placing a date stamp on the new issue to document the date the
`
`issue is checked in. After that, the holdings information of the serial is updated in
`
`the library’s catalog so that users know which issues are available for request or
`
`access. After serial check-in is completed, the new issue is placed on the shelf with
`
`the previous issues of the serial. Libraries with a public periodical room typically
`
`place new issues in the periodical room for easy user access. Because information
`
`Ex. 1042, Page 11
`
`
`
`presented in serials often reflects latest discovery, a general practice of libraries is to
`
`make new issues of serials available for user access soon after they are checked in,
`
`usually within a week. I am familiar with all of these processes based on my years
`
`of personal experience as a cataloger and a cataloging instructor interacting with
`
`many different libraries and their systems, including during the 1990s and 2000s.
`
`16. There are two ways to catalog conference proceedings. One approach
`
`is to catalog each conference proceedings as a book to make the proceedings easily
`
`discoverable. This means that once a volume of conference proceedings is cataloged
`
`as a book, the book is processed quickly to make it available for public access,
`
`usually within a week. Another approach is to catalog conference proceedings as a
`
`serial when the conference takes place fairly regularly and the title of the conference
`
`remain largely the same. In such a case, a serial record is created, and no individual
`
`record is created for each conference proceedings, but the proceedings received are
`
`noted in the holdings record to let the public know which year’s proceedings are
`
`available. The physical copy of the proceedings is checked in through the serial
`
`check-in process, and made available for public access soon after the serial check-in
`
`is completed, usually on the same day or within a week. This was true in the 1990s
`
`and 2000s and I am familiar with all of these processes based on my years of personal
`
`experience interacting with many different libraries and their systems, including
`
`Ex. 1042, Page 12
`
`
`
`during the 1990s and 2000s.
`
`17.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration I used the following authoritative
`
`information systems to search for records:
`
` Google Scholar (https://scholar.google.com)
`
` Online
`
`catalog
`
`of
`
`the
`
`British
`
`Library
`
`(http://explore.bl.uk/primo_library/libweb/action/search.do?vid=BLVU1)
`
` Online catalog of the Library of Congress (https://catalog.loc.gov)
`
` Online catalog of the Linda Hall Library (https://catalog.lindahall.org/)
`
` WorldCat (https://www.worldcat.org)
`
`These records are identified and discussed in this declaration. Experts in the field of
`
`library and information science (like myself) reasonably rely on the data described
`
`herein to form their opinions. My opinions in this Declarations are based on my
`
`years of experience working with many libraries and library-based systems, and my
`
`work experience as a cataloging expert in the field of library and information
`
`sciences.
`
`B.
`
`Scope of This Declaration
`
`18.
`
`I have been asked to offer an opinion on the authenticity and public
`
`Ex. 1042, Page 13
`
`
`
`availability date of the following documents, which I understand have been labeled
`
`with the following exhibit numbers:
`
`(1) Belkind, A., Zhao, Z., Carter, D., Mahoney, L., McDonough, G.,
`
`Roche, G., ... & Walde, H. (2000, April), Pulsed-DC reactive
`
`sputtering of dielectrics: pulsing parameter effects, in the 43rd
`
`Proceedings of Annual Technical Conference, Society of Vacuum
`
`Coaters, pp. 86-90, obtained from Linda Hall Library, Ex. 1008;
`
`(2) Dogheche, E., Rémiens, D., Boudrioua, A., & Loulergue, J. C.
`
`(1999), Growth and optical characterization of aluminum nitride
`
`thin films deposited on silicon by radio-frequency sputtering, in
`
`Applied Physics Letters, vol. 74, no. 9, pp. 1209-1211, obtained
`
`from the publisher The American Institute of Physics, Ex. 1029;
`
`(3)
`
`Sproul, W. D. (1998), High-rate reactive DC magnetron sputtering
`
`of oxide and nitride superlattice coatings, in Vacuum, vol. 51, no. 4,
`
`pp. 641-646, obtained from the publisher Elsevier, Ex. 1036;
`
`(4)
`
`Safi, I. (2000), A novel reactive magnetron sputtering technique for
`
`producing insulating oxides of metal alloys and other compound
`
`Ex. 1042, Page 14
`
`
`
`thin films, in Surface and Coatings Technology, vol. 135, no. 1, pp.
`
`48-59, obtained from the publisher Elsevier, Ex. 1039;
`
`(5) Kelly, P. J., Henderson, P. S., Arnell, R. D., Roche, G. A., & Carter,
`
`D. (2000), Reactive pulsed magnetron sputtering process for
`
`alumina films, in Journal of Vacuum Science & Technology A:
`
`Vacuum, Surfaces, and Films, vol. 18, no. 6, pp. 2890-2896,
`
`obtained from the publisher American Institute of Physics, Ex.
`
`1059.
`
`C. Evidence Considered in Forming My Opinions
`
`19.
`
`In the preparation of this declaration, I have reviewed the documents
`
`and information listed below and any other documents and information that I
`
`reference in this Declaration. Such information and documents are types of
`
`materials that experts in my field would reasonably rely upon when forming their
`
`opinions on the authenticity and public availability of publications such as the
`
`exhibits identified above:
`
`a) The documents (exhibits) referenced above in Section I.B, and
`
`corresponding copies of those references identified herein as Appendices
`
`Ex. 1042, Page 15
`
`
`
`1008, 1029, 1036, 1039, and 1059;1
`
`b) Bibliographic and MARC records for Proceedings of the Annual
`
`Technical Conference, Society of Vacuum Coaters, that contains Belkind,
`
`available from the online catalog of the Linda Hall Library at
`
`https://lindahall.primo.exlibrisgroup.com/permalink/01LINDAHALL_IN
`
`ST/19lda7s/alma992834813405961, accessed and obtained on September
`
`17, 2020, Appendix 1008-A;
`
`c) MARC record for Proceedings of the Annual Technical Conference,
`
`Society of Vacuum Coaters, that contains Belkind, available from the
`
`online
`
`catalog
`
`of
`
`the
`
`British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-ALL:BLL01007873885,
`
`accessed
`
`and obtained on September 17, 2020, Appendix 1008-B;
`
`d) Library copy of Dogheche, obtained from the Linda Hall Library,
`
`Appendix 1029-A;
`
`1 I have reviewed the references associated with Exhibits 1008, 1029, 1036, 1039,
`
`and 1059 and confirm that the copies of those references included herein as
`
`Appendices 1008, 1029, 1036, 1039, and 1059 are respectively the same.
`
`Ex. 1042, Page 16
`
`
`
`e) Bibliographic and MARC records for Applied Physics Letters, whose vol.
`
`74, no. 9 contains Dogheche, available from the online catalog of the Linda
`
`Hall
`
`Library
`
`at
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/1jnv6m8/
`
`alma992785733405961, accessed and obtained on September 15, 2020,
`
`Appendix 1029-B;
`
`f) MARC record for Applied Physics Letters, whose vol. 74, no. 9 contains
`
`Dogheche, available from the online catalog of the British Library at
`
`http://explore.bl.uk/BLVU1:LSCOP-ALL:BLL01014532647
`
`(select
`
`MARC display), accessed and obtained on September 28, 2020, Appendix
`
`1029-C;
`
`g) Full text of documents citing Dogheche and publisher webpages with
`
`publication dates, Appendix 1029-D;
`
`h) Library copy of Sproul, obtained from the Linda Hall Library, Appendix
`
`1036-A;
`
`i) Bibliographic and MARC records for Vacuum, whose vol. 51, no. 4,
`
`contains Sproul, available at the online catalog of the Linda Hall Library
`
`at
`
`Ex. 1042, Page 17
`
`
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/1jnv6m8/
`
`alma992818493405961, accessed and obtained on September 14, 2020,
`
`Appendix 1036-B;
`
`j) Copy of Kelly, P. J., Arnell, R.D, (2000), Magnetron sputtering: a review
`
`of recent developments and applications, Vacuum vol. 56, pp. 159-172
`
`(manuscript received by the publisher on September 20, 1999), as an early
`
`citing article of Sproul, Appendix 1036-C;
`
`k) Library copy of Safi, obtained from the Linda Hall Library, Appendix
`
`1039-A;
`
`l) Bibliographic and MARC record for Surface and Coatings Technology,
`
`whose vol. 135, issue 1, contains Safi, available from the online catalog of
`
`the
`
`Linda
`
`Hall
`
`Library
`
`at
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/1jnv6m8/
`
`alma993036823405961, accessed and obtained on September 14, 2020,
`
`Appendix 1039-B;
`
`m) MARC record for Surface and Coatings Technology, whose vol. 135, issue
`
`1 contains Safi, available from the online catalog of the British Library at
`
`http://explore.bl.uk/BLVU1:LSCOP-ALL:BLL01007514620
`
`(select
`
`Ex. 1042, Page 18
`
`
`
`MARC display), accessed and obtained on September 28, 2020, Appendix
`
`1039-C;
`
`n) Copy of Blondeel, A., & De Bosscher, W. (2001), Arc handling in
`
`Reactive DC magnetron sputter deposition, in Proceedings of the Annual
`
`Technical Conference, Society of Vacuum Coaters, pp. 240-245, as an
`
`early citing article of Safi, Appendix 1039-D;
`
`o) Library copy of Kelly, obtained from the Linda Hall Library, Appendix
`
`1059-A;
`
`p) Bibliographic and MARC records for Journal of Vacuum Science &
`
`Technology A: Vacuum, Surfaces, and Films that contains Kelly, available
`
`at
`
`the
`
`online
`
`catalog
`
`of
`
`the Linda Hall Library
`
`at
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/19lda7s/al
`
`ma992759783405961, accessed and obtained on September 19, 2020,
`
`Appendix 1059-B.
`
`
`
`Ex. 1042, Page 19
`
`
`
`20. The Library of Congress holds several exhibit items but it is closed due
`
`to the COVID pandemic, so I could not obtain physical copies from the Library of
`
`Congress to include with this declaration. I reserve the right to submit physical
`
`library copies of any available documents when the library reopens and will do so if
`
`asked when I am capable of doing so.
`
`
`II. AUTHENTICATION AND PUBLIC AVAILABILITY OF BELKIND
`(APPENDIX 1008)
`
`A. Authentication
`
`21. Appendix 1008 is a true and correct copy of “Pulsed-DC reactive
`
`sputtering of dielectrics: pulsing parameter effects,” (“Belkind”), by Belkind et al. in
`
`the 2000 Technical Conference Proceedings of the Society of Vacuum Coaters, pp.
`
`86-90, that I obtained from the Linda Hall Library. When I began preparing this
`
`declaration I searched WorldCat by the title of Belkind for records, and the search
`
`results informed me that Linda Hall Library held this conference proceedings. I then
`
`requested a copy of Belkind from the Linda Hall Library Document Delivery Service
`
`and received the copy on September 21, 2020. This library copy is presented as
`
`Appendix 1008 in this declaration.
`
`22. Appendix 1008 is a true and correct copy of Belkind that I obtained
`
`from the Linda Hall Library. It includes the front matter (cover, title page, copyright
`
`Ex. 1042, Page 20
`
`
`
`page, and table of contents) and the Belkind article. Page 1 is the cover that shows
`
`Society of Vacuum Coaters, “43rd Annual Technical Conference Proceedings, April
`
`15-20, 2000, Denver, Colorado USA” and a faint library date stamp. Page 2 is the
`
`title page that shows the same conference information and also shows the conference
`
`proceedings has a “2000” copyright date with the Society of Vacuum Coaters as the
`
`copyright holder. Page 3 is the copyright page that shows the Society of Vacuum
`
`Coaters’ annual technical conference proceedings are available in print and CD-RM,
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`the ISSN of this series of conference proceedings is “0737-5921,” and the Society is
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`the publisher. Pages 4 to 9 are the table of contents and page 5 (internal page iv)
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`shows Belkind is included in the “Emerging Technologies” session and appears from
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`pages 86 to 90. Page 10 begins the Plenary session and carries a library date stamp
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`of “LINDA HALL LIBRARY SEP 12 2000.” Pages 11 to 15 are the Belkind article.
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`Page 11 (internal page 86) shows the title, authors, four key words, and an abstract
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`of Belkind. The footer shows Belkind has a “2000” copyright date with the Society
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`of Vacuum Coaters as the copyright holder, and its ISSN is “0737-5921.” It also
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`shows Belkind is included in the “43rd Annual Technical Conference Proceedings—
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`Denver, April 15-20, 2000.” Belkind is five pages long, including seven figures and
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`20 references.
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`Ex. 1042, Page 21
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`
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`B.
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`Linda Hall Library Records
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`23. Appendix 1008-A is a true and correct copy of the bibliographic and
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`MARC records for Proceedings of the Annual Technical Conference, Society of
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`Vacuum Coaters that contains Belkind. I personally located, identified and obtained
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`these records from the online catalog of the Linda Hall Library by searching for the
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`ISSN “0737-5921” for records. This is the type of records experts in my field would
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`reasonably rely upon when forming their opinions. I captured images of the
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`bibliographic and MARC records to produce Appendix 1008-A.
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`24. Page 1 of Appendix 1008-A identifies the publication as a journal with
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`the title of “Proceedings of the … Annual Technical Conference” and the Society of
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`Vacuum Coaters, Technical Conference as the creator. The record shows that this
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`journal is “Available at Linda Hall Library Closed Stacks – Serials (Society of
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`Vacuum Coaters. Proceedings [of the annual technical conference])” and other
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`locations and “25 (1982) – 51 (2008)”, meaning it has the 43rd conference
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`proceedings (2000) that contains Belkind. Page 2 is the detailed bibliographic record
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`that shows the title, creators, subjects, identifiers, other titles, related title, publisher,
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`creation date, frequency, and citation/References notes.
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`25. Page 3 is the MARC record for Proceedings of the Annual Technical
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`Conference, Society of Vacuum Coaters that shows the creation date and creator of
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`Ex. 1042, Page 22
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`
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`this MARC record. The first six digits of Field 008 show the MARC record was
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`created on “830411” (i.e., April 11, 1983), and the “c19829999” code following this
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`creation date indicates that the journal is a continuing resource that began publication
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`in 1982 and is an ongoing publication. Subfield “a” of Field 040 shows that “DLC”
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`created this record, and Filed 049 shows “LHLA” as the holding library. According
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`to
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`the
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`Directory
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`of
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`OCLC
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`Members
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`(https://www.oclc.org/en/contacts/libraries.html), “DLC” is the OCLC library
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`symbol for the Library of Congress and “LHL” is the symbol for the Linda Hall
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`Library. “LHL” is not included in Field 040 subfield “d” because the library added
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`its holdings symbol to the record and did not modify the original MARC record, a
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`practice
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`documented
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`by
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`the MARC
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`Bibliographic
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`Standard
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`(https://www.loc.gov/marc/bibliographic/). As discussed earlier, a customary
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`library practice is to create a serial record for a serial, without creating records for
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`individual issues of the serial. When individual issues are received, they go through
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`the serial check-in process, which usually takes less than an hour. After that, the
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`newly received issues are placed on the shelf or a periodical reading room for user
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`access, usually on the same date of serial check-in or within a week after serial
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`check-in. These procedures are what would have been followed in 2000 and are
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`consistent with my experience with the Linda Hall library. I know this is a
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`Ex. 1042, Page 23
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`
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`customary library practice from personal experience as a cataloging instructor and
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`researcher that provided me with many opportunities to interact with catalogers, and
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`many different libraries and their systems. The library date stamp of “SEP 12 2000”
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`on the Plenary session page (page 10) of the Linda Hall Library copy (Appendix
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`1008) means that the 43rd Proceedings of the Annual Technical Conference (2000)
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`of the Society of Vacuum Coaters (and Belkind contained therein) was received by
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`the library on September 12, 2000. It is therefore my opinion that this volume would
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`have been available for public access on September 12, 2000, or no later than
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`September 19, 2000, at the Linda Hall Library, and certainly no later than the end of
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`2000.
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`26. Field 022 of the MARC record (Appendix 1008-A) shows the journal’s
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`ISSN is “0737-5921.” Following cataloging standards, the conference name is used
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`as the author in Field 110 and the conference name is presented as “Society of
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`Vacuum Coaters. Technical Conference.” Field 245 shows “Proceedings of the …
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`Annual Technical Conference” as the title and the Society of Vacuum Coaters is
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`included in the statement of responsibility (encoded in subfield “c”). Field 246 show
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`two variant titles are included to help users discover this journal. Field 260 shows
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`the Society of Vacuum Coaters as the publisher since 1982. Field 362 shows the
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`journal began with “25th (1982)” and Field 310 shows the publication is “Annual.”
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`Ex. 1042, Page 24
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`
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`Four 510 fields show this journal is selectively indexed by four abstracting and
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`indexing services, making articles in this journal easier for users to discover. The
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`ISSN