UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Momentum Dynamics Corporation,
`Petitioner
`
`v.
`
`Witricity Corporation,
`Patent Owner.
`
`
`
`
`Patent No. 8,304,935
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 001
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Momentum Dynamics Corporation,
`Petitioner
`
`v.
`
`Witricity Corporation,
`Patent Owner.
`
`
`
`
`Patent No. 8,304,935
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
`
`
`
`
`
`
`
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`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 001
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`
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`
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`I.
`
`INTRODUCTION
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Momentum Dynamics Corporation (referred to herein as “Petitioner”).
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`2.
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`I have written this declaration at the request of Petitioner to provide my
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`expert opinion regarding the authenticity and public availability of a publication.
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`My report sets forth my opinions in detail and provides the bases for my opinions
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`regarding the public availability of this publication.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response any additional evidence, testimony, discovery, argument, and/or
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`other additional information that may be provided to or obtained by me after the date
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`of this declaration.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $325 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`Declaration, the substance of my opinions, or the outcome of this dispute. I have no
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`other interests in this proceeding or with any of the parties.
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`5.
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`All of the materials that I considered are discussed explicitly in this
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`Declaration.
`
`1
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 002
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`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at San
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`José State University. I obtained a Master of Library Science from the University
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`of North Texas in 1972 and a Ph.D. in Library Science from the University of
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`Pittsburgh in 1985. Over the last forty-five years, I have held various positions in
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`the field of library and information resources. I was first employed as a librarian in
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`1966 and have been involved in the field of library sciences since, holding numerous
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`positions.
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`7.
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`I am a member of the American Library Association (“ALA”) and its
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`Association for Library Collections & Technical Services (“ALCTS”) Division, and
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`I served on the Committee on Cataloging: Resource and Description (which wrote
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`the new cataloging rules) and as the founding chair of the Committee for Education
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`and Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group. I also served as the Founding Chair of the ALCTS
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`Division’s Task Force on Competencies and Education for a Career in Cataloging.
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`Additionally, I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity, as a member of the REFORMA National Board of
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`Directors, and as a member of the Editorial Board for the ALCTS premier cataloging
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`journal, Library Resources and Technical Services. Currently I serve as a Co-Chair
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`for the Library Research Round Table of the American Library Association.
`2
`
`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 003
`
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`
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`8.
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`I have also given over one-hundred presentations in the field, including
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`several on library cataloging systems and Machine-Readable Cataloging (“MARC”)
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`standards. My current research interests include library cataloging systems,
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`metadata, and organization of electronic resources.
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`9.
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`I have been deposed eighteen times.
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`10. My full curriculum vitae is included in Exhibit 1006.
`
`III. PRELIMINARIES
`A.
`Scope of This Declaration And Legal Understanding
`11.
`I am not an attorney and will not offer opinions on the law. I am,
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`however, rendering my expert opinion on the authenticity of the documents
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`referenced herein and on when and how each of these documents was disseminated
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`or otherwise made available to the extent that persons interested and ordinarily
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`skilled in the subject matter or art, exercising reasonable diligence, could have
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`located the documents.
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`12.
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`I am informed by counsel that an item is considered authentic if there
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`is sufficient evidence to support a finding that the item is what it is claimed to be. I
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`am also informed that authenticity can be established based on the contents of the
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`documents themselves, such as the appearance, contents, substance, internal
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`patterns, or other distinctive characteristics of the item, taken together with all of the
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`circumstances.
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`3
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`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 004
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`13.
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`I am informed by counsel that a printed publication qualifies as publicly
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`accessible as of the date it was disseminated or otherwise made available such that
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`a person interested in and ordinarily skilled in the relevant subject matter could
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`locate it through the exercise of ordinary diligence.
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`14. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it. That is, I understand that
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`cataloging and indexing by a library is sufficient, although there are other ways that
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`a printed publication may qualify as publicly-accessible. One manner of sufficient
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`indexing is indexing according to subject matter category. I understand that the
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`cataloging and indexing by a single library of a single instance of a particular printed
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`publication is sufficient, even if the single library is in a foreign country. I
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`understand that, even if access to a library is restricted, a printed publication that has
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`been cataloged and indexed therein is publicly-accessible so long as a presumption
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`is raised that the portion of the public concerned with the relevant subject matter
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`would know of the printed publication. I also understand that the cataloging and
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`indexing of information that would guide a person interested in the relevant subject
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`matter to the printed publication, such as the cataloging and indexing of an abstract
`4
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 005
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`for the printed publication, is sufficient to render the printed publication publicly-
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`accessible.
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`15.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible.
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`B.
`16.
`
`Persons of Ordinary Skill in the Art
`I am told by counsel that the subject matter of this proceeding relates
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`generally to wireless power transfer through inductive coupling.
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`17.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`hypothetical person is also a person of ordinary creativity, capable of understanding
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`the scientific principles applicable to the pertinent field.
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`18.
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`I am told by counsel that persons of ordinary skill in this subject matter
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`or art would have had at least a bachelor’s degree in electrical engineering (or
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`equivalent) and at least two years’ industry experience, or equivalent research.
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`Alternatively, a person of ordinary skill could substitute directly relevant additional
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`education for experience, e.g., an advanced degree in electrical engineering (or
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`equivalent), with at least one year of industry experience.
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`5
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`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 006
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`19.
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`It is my opinion that such a person would have been engaged in
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`research, learning through study, and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. By not
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`later than the mid-2000s such a person would have had access to a vast array of long-
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`established print resources in the field, as well as to a rich set of online resources
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`providing indexing information, abstracts, and full text services for publications
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`relevant to the field of this dispute.
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`C. Authoritative Databases
`20.
`In preparing this report, I used authoritative databases, such as the
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`OCLC WorldCat and the Library of Congress Online Catalog to confirm citation
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`details of the publication discussed.
`
`21. OCLC Bibliographic Database. The OCLC was created “to establish,
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`maintain and operate a computerized library network and to promote the evolution
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`of library use, of libraries themselves, and of librarianship, and to provide processes
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`and products for the benefit of library users and libraries, including such objectives
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`as increasing availability of library resources to individual library patrons and
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`reducing the rate of rise of library per-unit costs, all for the fundamental public
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`purpose of furthering ease of access to and use of the ever-expanding body of
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`6
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`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 007
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`
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`worldwide scientific, literary and educational knowledge and information.1 Among
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`other services, OCLC and its members are responsible for maintaining the WorldCat
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`database,2 used by independent and institutional libraries throughout the world.
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`D.
`Indexing
`22. A researcher may discover material relevant to his or her topic in a
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`variety of ways. One common means of discovery is to search for relevant
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`information in an index of periodical and other publications. Having found relevant
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`material, the researcher will then normally obtain it online, look for it in libraries, or
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`purchase it from the publisher, a bookstore, a document delivery service, or other
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`provider. Sometimes, the date of a document’s public accessibility will involve both
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`indexing and library date information. However, date information for indexing
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`entries is often unavailable. This is especially true for online indices.
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`23.
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`Indexing services use a wide variety of controlled vocabularies to
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`provide subject access and other means of discovering the content of documents.
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`The formats in which these access terms are presented vary from service to service.
`
`
`
`1 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`Library
`Center,
`Incorporated
`(available
`at
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
`2 http://www.worldcat.org/
`
`7
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`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 008
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`
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`24. Before the widespread development of online databases to index
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`articles in journals, magazines, conference papers, and technical reports, libraries
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`purchased printed volumes of indices. Graduate library school education mandated
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`that students learn about the bibliographic control of disciplines, the prominent
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`indexing volumes, and searching strategies required to use them effectively and
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`efficiently. Half of the courses that I studied in library school were focused on the
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`bibliography and resources in academic disciplines.
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`25. Librarians consulted with information seekers to verify citations, check
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`availability in union catalogs, printed books catalogs, and the OCLC database, and
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`make formal requests for materials, e.g., books, conference proceedings, journal
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`articles. Requests were transmitted using Telex machines, rudimentary email
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`systems, and the United States Postal Service. During my career, I have performed
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`and supervised staff who handled these resource sharing tasks.
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`26. Online indexing services commonly provide bibliographic information,
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`abstracts, and full-text copies of the indexed publications, along with a list of the
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`documents cited in the indexed publication. These services also often provide lists
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`of publications that cite a given document. A citation of a document is evidence that
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`the document was publicly available and in use no later than the publication date of
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`the citing document.
`
`8
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 009
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`
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`IV. LIBRARY CATALOGING PRACTICES
`A. Machine-Readable Cataloging (MARC) Standard
`27.
`I am fully familiar with the library cataloging standard known as the
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`Machine-Readable Cataloging (MARC) standard, which is an industry-wide
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`standard method of storing and organizing library catalog information.3 MARC was
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`first developed in the 1960s by the Library of Congress. A MARC-compatible
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`library is one that has a catalog consisting of individual MARC records for each of
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`its items. Today, MARC is the primary communications protocol for the transfer
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`and storage of bibliographic metadata in libraries.4
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`
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`3 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/
`4 Almost every major library in the world is MARC-compatible. See, e.g., MARC
`(FAQ),
`Library
`of
`Congress,
`Frequently
`Asked
`Questions
`https://www.loc.gov/marc/faq.html (last visited April 26, 2021) (“MARC is the
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`from a Library of Congress-led initiative that began nearly forty years ago. It
`provides the mechanism by which computers exchange, use, and interpret
`bibliographic information, and its data elements make up the foundation of most
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`2016) standard for Information Interchange Format.
`9
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 010
`
`
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`
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`28. Since at least the early 1970s and continuing to the present day, MARC
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`has been the primary communications protocol for the transfer and storage of
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`bibliographic metadata in libraries.5 As explained by the Library of Congress:
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`You could devise your own method of organizing the bibliographic
`information, but you would be isolating your library, limiting its
`options, and creating much more work for yourself. Using the MARC
`standard prevents duplication of work and allows libraries to better
`share bibliographic resources. Choosing to use MARC enables libraries
`to acquire cataloging data that is predictable and reliable. If a library
`were to develop a “home-grown” system that did not use MARC
`records, it would not be taking advantage of an industry-wide standard
`whose primary purpose is to foster communication of information.
`Using the MARC standard also enables libraries to make use of
`commercially available library automation systems to manage library
`operations. Many systems are available for libraries of all sizes and are
`designed to work with the MARC format. Systems are maintained and
`improved by the vendor so that libraries can benefit from the latest
`advances in computer technology. The MARC standard also allows
`
`
`
`5 A complete history of the development of MARC can be found in MARC: Its
`History and Implications by Henrietta D. Avram (Washington, DC: Library of
`Congress,
`1975)
`and
`available
`online
`from
`the Hathi
`Trust
`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
`visited April 26, 2021).
`
`10
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 011
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`
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`
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`libraries to replace one system with another with the assurance that their
`data will still be compatible.
`
`a MARC Record Necessary? LIBRARY
`
`Is
`
`OF CONGRESS,
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`Why
`
`http://www.loc.gov/marc/umb/um01to06.html#part2 (last visited April 26, 2021).
`
`29. Thus, almost every major library in the world is MARC-compatible.
`
`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
`
`https://www.loc.gov/marc/faq.html (last visited April 26, 2021) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly fifty years ago. It
`
`provides the mechanism by which computers exchange, use, and interpret
`
`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 standard
`
`(reaffirmed in 2016) for Information Interchange Format. The full text of the
`
`standard is available from the Library of Congress.6
`
`30. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follow. For example, a work’s
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`
`
`6 http://www.loc.gov/marc/bibliographic/
`11
`
`
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`Momentum Dynamics Corporation
`Exhibit 1005
`Page 012
`
`
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`
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`title is recorded in field 245, the primary author or creator of the work is recorded in
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`field 100, an item’s International Standard Book Number (“ISBN”) is recorded in
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`field 020, an item’s International Standard Serial Number (“ISSN”) is recorded in
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`field 022, an item’s Library of Congress call number is recorded in field 050, and
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`the publication date is recorded in field 260 under the subfield “c.” Id.7 If a work is
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`a periodical, then its publication frequency is recorded in field 310, alternate
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`publication frequency is recorded in field 321, and the publication dates (e.g., the
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`first and last publication) are recorded in field 362, which is also referred to as the
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`enumeration/chronology field.8
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`31. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is available through
`
`the Library of Congress website.9 For example, 6XX fields are termed “Subject
`
`
`
`7 In some MARC records, field 264 is used rather than field 260 to record publication
`information. See http://www.loc.gov/marc/bibliographic/bd264.html (last visited
`April 26, 2021) (“Information in field 264 is similar to information in field 260
`(Publication, Distribution, etc. (Imprint)). Field 264 is useful for cases where the
`content standard or institutional policies make a distinction between functions”).
`8 http://www.loc.gov/marc/bibliographic/bd3xx.html
`9 http://www.loc.gov/marc/bibliographic/
`12
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 013
`
`
`
`
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`Access Fields.”10 Among these, for example, is the 650 field; this is the “Subject
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`Added Entry – Topical Term” field.11 The 650 field is a “[s]ubject added entry in
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`which the entry element is a topical term.”12 These authenticated subject entries “are
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`assigned to a bibliographic record to provide access according to generally accepted
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`thesaurus-building rules (e.g., Library of Congress Subject Headings (LCSH),
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`Medical Subject Headings (MeSH)).”13
`
`32. Further, MARC records include call numbers, which themselves
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`indicate a subject and physical location within the library collections. For example,
`
`the 050 field is the “Library of Congress Call Number.”14 A defined portion of the
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`Library of Congress Call Number is the classification number, and “source of the
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`classification number
`
`is Library of Congress Classification and
`
`the LC
`
`Classification-Additions and Changes.”15 Thus, included in the 050 field is a subject
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`matter classification. Each item in a library has a single classification number. A
`
`library selects a classification scheme (e.g., the Library of Congress classification
`
`
`
`10 http://www.loc.gov/marc/bibliographic/bd6xx.html
`11 http://www.loc.gov/marc/bibliographic/bd650.html
`12 Id.
`13 Id.
`14 http://www.loc.gov/marc/bibliographic/bd050.html
`15 Id.
`
`13
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 014
`
`
`
`
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`scheme just described or a similar scheme such as the Dewey Decimal classification
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`scheme or the National Library of Medicine classification scheme) and uses it
`
`consistently. When the Library of Congress assigns the classification number, it
`
`appears as part of the 050 field. If a local library assigns the classification number,
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`it appears in a 090 field. In either scenario, the MARC record includes a
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`classification number that represents a subject matter classification.
`
`33. Each item in a library has a single classification number. A library
`
`selects a classification scheme (e.g., the Library of Congress classification scheme
`
`just described or a similar scheme such as the Dewey Decimal classification scheme)
`
`and uses it consistently. When the Library of Congress assigns the classification
`
`number, it appears as part of the 050 field, as discussed above. For MARC records
`
`created by libraries other than the Library of Congress (e.g., a university library or a
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`local public library), the classification number may appear in a 09X (e.g., 090)
`
`field.16
`
`34. OCLC provides its members online access to MARC records through
`
`its OCLC bibliographic database. When an OCLC member institution acquires a
`
`work, it creates a MARC record for this work in its computer catalog system in the
`
`
`
`16 http://www.loc.gov/marc/bibliographic/bd09x.html
`14
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 015
`
`
`
`
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`ordinary course of its business. MARC records created at the Library of Congress
`
`were initially tape-loaded into the OCLC database through a subscription to MARC
`
`Distribution Services daily or weekly. Once the MARC record is created by a
`
`cataloger at an OCLC member institution or is tape-loaded from the Library of
`
`Congress, the MARC record is then made available to any other OCLC members
`
`online, and therefore made available to the public. Accordingly, once the MARC
`
`record is created by a cataloger at an OCLC member institution or is tape-loaded
`
`from the Library of Congress or another library anywhere in the world, any
`
`publication corresponding to the MARC record has been cataloged and indexed
`
`according to its subject matter such that a person interested in that subject matter
`
`could, with reasonable diligence, locate and access the publication through any
`
`library with access to the OCLC bibliographic database or through the Library of
`
`Congress.
`
`35. When an OCLC member institution creates a new MARC record,
`
`OCLC automatically supplies the date of creation for that record. The date of
`
`creation for the MARC record appears in the fixed field (008), characters 00 through
`
`05. The MARC record creation date reflects the date on which, or shortly after
`
`which, the item was first acquired or cataloged. Initially, field 005 of the MARC
`
`record is automatically populated with the date the MARC record was created in
`
`year, month, day format (YYYYMMDD) (some of the newer library catalog systems
`15
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 016
`
`
`
`
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`also include hour, minute, second (HHMMSS)). Thereafter, the library’s computer
`
`system may automatically update the date in field 005 every time the library updates
`
`the MARC record (e.g., to reflect that an item has been moved to a different shelving
`
`location within the library). Field 005 is visible when viewing a MARC record via
`
`an appropriate computerized interface, but when a MARC record is printed to
`
`hardcopy, no “005” label appears. The initial field 005 date (i.e., the date the MARC
`
`record was created) does appear, however, next to the label “Entered.”17 The date
`
`upon which the most recent update to field 005 occurred also appears, next to the
`
`label “Replaced.” Thus, when an item’s MARC record has been printed to
`
`hardcopy—as is the case with the exhibits to this report—the date reflected next to
`
`the label “Entered” is necessarily on or after the date the library first cataloged and
`
`indexed the underlying item.
`
`36. Once one library has cataloged and indexed a publication by creating a
`
`MARC record for that publication, other libraries that receive the publication do not
`
`
`
`In this report, I sometimes refer to the “Entered” entry as field 008, characters
`17
`00-05. Field 005 is visible when viewing a MARC record via an appropriate
`computerized interface. But when a MARC record is printed directly to hardcopy
`from the OCLC database, the “005” label is not shown. The date in the 005 field
`instead appears next to the label “Replaced.”
`16
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 017
`
`
`
`
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`create additional MARC records—the other libraries instead rely on the original
`
`MARC record. They may update or revise the MARC record to ensure accuracy,
`
`but they do not replace or duplicate it. This practice does more than save libraries
`
`from duplicating labor, it also enhances the accuracy of MARC records. It also
`
`allows librarians around the world to know that a particular MARC record is
`
`authoritative. In contrast, a hypothetical system wherein duplicative records were
`
`created would result in confusion as to which record is authoritative.
`
`37. The date of creation of the MARC record by a cataloger at an OCLC
`
`member institution reflects when the underlying item is accessible to the public.
`
`Upwards of two-thirds to three-quarters of book sales to libraries come from a jobber
`
`or wholesaler for online and print resources. These resellers make it their business
`
`to provide books to their customers as fast as possible, often providing turnaround
`
`times of only a single day after publication. Libraries purchase a significant portion
`
`of the balance of their books directly from publishers themselves, which provide
`
`delivery on a similarly expedited schedule. In general, libraries make these
`
`purchases throughout the year as the books are published and shelve the books as
`
`soon thereafter as possible in order to make the books available to their patrons.
`
`Thus, books are generally available at libraries across the country within just a few
`
`days of publication.
`
`17
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 018
`
`
`
`
`
`V.
`
`PUBLICATION
`A. Exhibit 1007 – Inductively Coupled Radio Frequency Power
`Transmission System for Wireless Systems and Devices by Kathleen
`O’Brien, 2006
`38. Exhibit 1007 is a doctoral dissertation, Inductively Coupled Radio
`
`Frequency Power Transmission System for Wireless Systems and Devices by
`
`Kathleen O’Brien (hereafter “O’Brien”) and published in 2007. Exhibit 1007 is a
`
`true and correct copy of the title page, table of contents, and text from the
`
`Technischen Universität Dresden 18 (Dresden, Germany). While the majority of
`
`O’Brien is in English, the Title page and page 3 of the PDF includes certain portions
`
`written in German. A certified translation of O’Brien with a German to English
`
`translation is attached as part of Exhibit 1007, as is the declaration of Irina Hinrichs
`
`certifying the translation of those German portions. The title page of O’Brien shows
`
`a submission date of May 12, 200519 and a defense date of March 11, 2006.”20 I
`
`obtained this dissertation from counsel. Specifically, the text is complete; no pages
`
`
`
`18 Technischen Universität Dresden = Dresden University of Technology
`19 Original German: “Tag der Einreichung 05.12.2005”; English translation:
`“Submitted on: 12/05/2005”
`20 Original German: “Tag der Verteidigung 03.11.2006”; English translation:
`“Defended on: 11/03/2006”
`
`18
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 019
`
`
`
`
`
`are missing,21 and the text on each page appears to flow seamlessly from one page
`
`to the next; further, there are no visible alterations to the document. Exhibit 1007
`
`can be found within the custody of the degree-granting higher education institution.
`
`The dissertation was commercially published by the German publisher Shaker
`
`Verlag GmbH in 2007. Exhibit 1007 is a true and correct copy of O’Brien in a
`
`condition that creates no suspicion about its authenticity.
`
`39. Attached hereto as Attachment 1a is a true and correct copy of the
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`online catalog record for this dissertation from the Technischen Universität Dresden
`
`Library, as well as its certified English translation. The catalog record indicates that
`
`the library system has three copies of the dissertation located main collection and
`
`the Electrical Engineering and Information Technology Department. I personally
`
`identified and retrieved the library catalog record that is Attachment 1a.
`
`40. Attached hereto as Attachment 1b is a true and correct copy of the
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`MARC record for the doctoral dissertation, Inductively Coupled Radio Frequency
`
`Power Transmission System for Wireless Systems and Devices by Kathleen O’Brien
`
`obtained from the OCLC bibliographic database, as well as its certified English
`
`
`
`21 The final page of O’Brien (Ex. 1007) is page 196. This is consistent with the
`online catalog record attached hereto as Attachment 1A and the MARC record
`attached hereto as Attachment 1B, each of which state that O’Brien has 196 pages.
`19
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 020
`
`
`
`
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`translation. I personally identified and retrieved the MARC record that is
`
`Attachment 1b. As previously noted, the library that created the record is recorded
`
`in field 040 with a unique library code. For Attachment 1b, that library code is
`
`“GBVCP,” which means that the MARC record for this book was created at the
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`Verbundzentrale Des Gemeinsamen Bibliotheksverbundes (Gottingen, Germany).
`
`As can be seen in the “Entered” field in the MARC record for this exhibit, a cataloger
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`at the Verbundzentrale Des Gemeinsamen Bibliotheksverbundes created OCLC
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`record number 255667655 on March 2, 2007, as shown in the “Entered” field
`
`(“20070302”).
`
`41. Thus, as of its cataloging, the publication corresponding to the MARC
`
`record attached hereto as Attachment 1b was indexed according to the creator (in
`
`this case Kathleen O’Brien) in field 100 and title (in this case Inductively Coupled
`
`Radio Frequency Power Transmission System for Wireless Systems and Devices) in
`
`field 245. Attachment 1b includes various German language field descriptor terms
`
`in the 650 fields that describe keywords for the particular subject matter of O’Brien.
`
`I understand that the English translation of those keywords are: “Electric power
`
`transmission,” “electromagnetic field,” “radio technology,” “inductive coupling,”
`
`“power electronics,” and “transceiver.” Thus, as of its cataloging, O’Brien was
`
`indexed according to its subject matter by the creator, title, and field 650 keyword
`
`entries, and a reasonably diligent POSA could have searched for and identified
`20
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 021
`
`
`
`
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`O’Brien based on the author, title, or keywords. Further, as of March 2, 2007, the
`
`MARC record attached hereto as Attachment 1b was accessible through any library
`
`with access to the OCLC bibliographic database or through an individual library.
`
`42. Attachment 1b indicates that the O’Brien doctoral dissertation as
`
`cataloged at the Verbundzentrale Des Gemeinsamen Bibliotheksverbundes is
`
`currently available from 10 libraries. In view of the above, this doctoral dissertation
`
`was publicly available no later than March 2, 2007, because by that date it had been
`
`received, cataloged, and indexed at the Verbundzentrale Des Gemeinsamen
`
`Bibliotheksverbundes, placed in its custody, and made part of the OCLC
`
`bibliographic database. For these reasons, it is my opinion that Exhibit 1007 was
`
`published and accessible to the public no later than March 2, 2007.
`
`VI. SUMMARY OF OPINIONS
`43.
`In view of the foregoing, it is my opinion that the publication described
`
`above is authentic and was publicly available no later than the corresponding date
`
`listed in the table below:
`
`Exhibit
`
`1007
`
`Publication
`
`O'Brien, Kathleen. Inductively Coupled Radio
`Frequency Power Transmission System for
`Wireless Systems and Devices. Dissertation.
`Dresden, Germany: Technischen Universität
`Dresden, 2007.
`
`Publicly Available
`No Later Than
`March 2, 2007
`
`21
`
`
`
`Momentum Dynamics Corporation
`Exhibit 1005
`Page 022
`
`
`
`44.
`
`In signing this Declaration, I recognize that the Declaration will be filed
`
`as evidence in a case before the Patent Tria
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