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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROCHIP TECHNOLOGY, INC.,
`Petitioner
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`v.
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`HD SILICON SOLUTIONS LLC,
`Patent Owner
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`Case Nos. IPR2021-01420 and IPR2021-01421
`U.S. Patent No. 7,260,731
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`
`
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`DECLARATION OF SYLVIA HALL-ELLIS, PH.D. IN SUPPORT OF
`PETITIONER’S PETITION FOR INTER PARTES REVIEW
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`ACTIVE/111989782.1
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`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
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`I, Sylvia D. Hall-Ellis, Ph.D., declare as follows:
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`I.
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`INTRODUCTION
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`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Microchip Technology Inc. (“the Petitioner”), who I am informed is the
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`Petitioner seeking for the Patent Trial and Appeal Board to institute inter partes
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`review (IPR) proceeding.
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`2. I have written this declaration at the request of the Petitioner to provide
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`my expert opinion regarding the public availability of several publications,
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`identified below. My Declaration sets forth my opinions in detail and provides
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`the basis for my opinions regarding the public availability of these publications.
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`3. I reserve the right to supplement or amend my opinions, and bases for
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`them, in response to any additional evidence, testimony, discovery, argument,
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`and/or other additional information that may be provided to me after the date of
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`this Declaration.
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`4. As of the preparation and signing of this declaration, many libraries
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`across the nation are closed or permit only limited access due to the COVID-19
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`virus. However, were the libraries open, I would expect to be able to obtain paper
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`copies of at least some of the documents in this declaration. I reserve the right to
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`supplement my declaration when the libraries reopen to provide such
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`information.
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`5. 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
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`additional reasonable expenses. My compensation is not in any way tied to the
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`content of this report, the substance of my opinions, or the outcome of this
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`litigation. I have no other interests in this proceeding or with any of the parties.
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`6. All of the materials that I considered and relied upon are discussed
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`explicitly in this declaration.
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`II. QUALIFICATIONS
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`7. I am currently an Adjunct Professor in the School of Information at San
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`José State University in San José, California. I obtained a Master of Library
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`Science from the University of North Texas in 1972 and a Ph.D. in Library
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`Science from the University of Pittsburgh in 1985. Over the last fifty years, I
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`have held various positions in the field of library and information resources. I
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`was first employed as a librarian in 1966 and have been involved in the field of
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`library sciences since, holding numerous positions.
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`8. I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division,
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`and I served on the Committee on Cataloging: Resource and Description (which
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`wrote the new cataloging rules) and as the 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 Chair of the ALCTS Division’s
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`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
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`cataloging journal, Library Resources and Technical Services. Currently I serve
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`as a Co-Chair for the Library Research Round Table of the American Library
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`Association.
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`9. 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
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`10. My full curriculum vitae is attached hereto as Exhibit A.
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`III. PRELIMINARIES
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`A.
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`Scope of Declaration and Legal Standards
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`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
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`disseminated or otherwise made available to the extent that persons interested
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`and ordinarily skilled in the subject matter or art, exercising reasonable diligence,
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`could have located the documents before the dates discussed below with respect
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`to the specific documents.
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`12. 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
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`that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`13. 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
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`an 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 (i.e., I understand that
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`cataloging and indexing by a library is sufficient, though there are other ways
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`that a printed publication may qualify as publicly accessible). One manner of
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`sufficient indexing is indexing according to subject matter category. I understand
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`that the cataloging and indexing by a single library of a single instance of a
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`particular printed publication is sufficient, even if the single library is in a foreign
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`country. I understand that, even if access to a library is restricted, a printed
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`publication that has been cataloged and indexed therein is publicly accessible so
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`long as a presumption is raised that the portion of the public concerned with the
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`relevant subject matter would know of the printed publication. I also understand
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`that the cataloging and indexing of information that would guide a person
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`interested in the relevant subject matter to the printed publication, such as the
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`cataloging and indexing of an abstract for the printed publication, is sufficient to
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`render the printed publication publicly accessible.
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`14. 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
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`on which a printed publication became publicly accessible.
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`B.
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`Persons of Ordinary Skill in the Art
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`15. I am told by counsel that the subject matter of this proceeding generally
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`relates to reducing the power consumed by processors and voltage regulators in
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`a computer system.
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`16. I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the invention” (POSITA) is a hypothetical person who is
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`presumed to be familiar with the relevant field and its literature at the time of the
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`inventions. This hypothetical person is also a person of ordinary creativity,
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`capable of understanding the scientific principles applicable to the pertinent field.
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`17. I am told by counsel that a POSITA as of October 23, 2000, would have
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`possessed a bachelor’s degree in electrical engineering, computer engineering, or
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`computer science, with two years of experience in computer system development,
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`including experience in developing power/voltage regulation systems for
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`portable devices. A person could also have qualified as a POSITA with some
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`combination of (1) more formal education (such as a master’s of science degree)
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`and less technical experience or (2) less formal education and more technical or
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`professional experience in the fields listed above. I have been further informed
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`by counsel that a POSITA would have been familiar with and able to understand
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`the information known in the art relating to these fields, including the
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`publications discussed in this declaration. I have been further informed by
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`counsel that a POSITA would have been familiar with and able to understand the
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`information known in the art relating to these fields, including the publication
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`discussed in this declaration.
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`C. Use of Authoritative Databases
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`18. In preparing this report, I used authoritative databases, such as the
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`OCLC bibliographic database and the Library of Congress Online Catalog, to
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`confirm citation details of the publication discussed.
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`19. 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
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`relevant material, the researcher will then normally obtain it online, look for it in
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`libraries, or purchase it from the publisher, a bookstore, a document delivery
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`service, or other provider. Sometimes, the date of a document’s public
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`accessibility will involve both indexing and library date information.
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`20. 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
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`service.
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`21. Online indexing services and digital repositories commonly provide
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`bibliographic information, abstracts, and full-text copies of the indexed
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`publications, along with a list of the documents cited in the indexed publication.
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`These services also often provide lists of publications that cite a given document.
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`A citation of a document is evidence that the document was publicly available
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`and in use by researchers no later than the publication date of the citing document.
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`D.
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`Summary of Opinions
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`22. I am informed by counsel that the priority date for the patent at issue is
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`October 23, 2000. As I will explain below, it is my opinion that the printed
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`publication discussed in my Declaration was publicly accessible more than one
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`year before the October 23, 2000, priority date.
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`IV. LIBRARY CATALOGING PRACTICES
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`A. MARC Records and OCLC
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`23. I am fully familiar with the library cataloging standard known as the
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information. MARC was first developed in the 1960’s
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`by the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for works made available at that library.
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`24. 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.1 As explained by the Library of Congress:
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`You could devise your own method of organizing the bibliographic
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`information, but you would be isolating your library, limiting its options, and
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`creating much more work for yourself. Using the MARC standard prevents
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`duplication of work and allows libraries to better share bibliographic
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`resources. Choosing to use MARC enables libraries to acquire cataloging data
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`that is predictable and reliable. If a library were to develop a “home-grown”
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`system that did not use MARC records, it would not be taking advantage of
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`an industry-wide standard whose primary purpose is to foster communication
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`of information.
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`Using the MARC standard also enables libraries to make use of commercially
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`1 A complete history of the development of MARC can be found in MARC: Its
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`History and Implications by Henrietta D. Avram (Washington, DC: Library of
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`Congress, 1975) and available online from the Hathi Trust
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`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
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`visited July 15, 2021).
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`available library automation systems to manage library operations. Many
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`systems are available for libraries of all sizes and are designed to work with
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`the MARC format. Systems are maintained and improved by the vendor so
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`that libraries can benefit from the latest advances in computer technology. The
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`MARC standard also allows libraries to replace one system with another with
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`the assurance that their data will still be compatible.
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`Why
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`Is
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`a MARC Record Necessary? LIBRARY OF CONGRESS,
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`http://www.loc.gov/marc/umb/um01to06.html#part2 (last visited July 15, 2021).
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`25. Thus, almost every major library in the world is MARC-compatible.
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`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
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`https://www.loc.gov/marc/faq.html (last visited July 15, 2021) (“MARC is the
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`acronym for MAchine-Readable Cataloging. It defines a data format that
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`emerged from a Library of Congress-led initiative that began nearly fifty years
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`ago. It provides the mechanism by which computers exchange, use, and interpret
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`bibliographic information, and its data elements make up the foundation of most
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`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 standard
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`(reaffirmed in 2016) for Information Interchange Format. The full text of the
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`standard
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`is
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`available
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`from
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`the
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`Library
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`of
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`Congress
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`at
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`http://www.loc.gov/marc/bibliographic/ (last visited July 15, 2021).
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`26. 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. See, e.g.,
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`http://www.loc.gov/marc/umb/um07to10.html (last visited July 15, 2021);
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`http://www.loc.gov/marc/bibliographic/ (last visited July 15, 2021). For
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`example, a work’s title is recorded in field 245, the primary author of the work is
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`recorded in field 100, a work’s International Standard Book Number (“ISBN”) is
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`recorded in field 020, a work’s International Standard Serial Number (“ISSN”)
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`is recorded in field 022, and the publication date is recorded in field 260 under
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`the subfield “c.” Id.2 If a work is a periodical, then its publication frequency is
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`recorded in field 310, and the publication dates (e.g., the first and last publication)
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`are recorded in field 362, which is also referred to as the enumeration/chronology
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`field. See http://www.loc.gov/marc/bibliographic/bd3xx.html (last visited July
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`15, 2021).3
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`2 In some MARC records, field 264 is used rather than field 260 to record
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`publication information. See http://www.loc.gov/marc/bibliographic/bd264.html
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`(last visited July 15, 2021) (“Information in field 264 is similar to information in
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`field 260 (Publication, Distribution, etc. (Imprint)). Field 264 is useful for cases
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`where the content standard or institutional policies make a distinction between
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`functions”).
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`3 Upwards of two-thirds to three-quarters of book sales to libraries come from a
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`jobber or wholesaler for online and print resources. These resellers make it their
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`27. The library that initially created the MARC record is reflected in field
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`040 in subfield “a” with that library’s unique library code. See, e.g.,
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`http://www.loc.gov/marc/umb/um07to10.html (last visited July 15, 2021);
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`http://www.loc.gov/marc/bibliographic/ (last visited July 15, 2021). Once a
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`MARC record for a particular work is originally created by one library, other
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`libraries can use that original MARC record to then create their own MARC
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`records for their own copies of the same work. These other libraries may modify
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`or add to the original MARC record as necessary to reflect data specific to their
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`own copies of the work. However, the library that created the original MARC
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`record would still be reflected in these modified MARC records (corresponding
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`to other copies of the same work at other libraries) in field 040, subfield “a”. The
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`modifying library (or libraries) is reflected in field 040, subfield “d”. See
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`http://www.loc.gov/marc/bibliographic/bd040.html (last visited July 15, 2021).
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`business to provide books to their customers as fast as possible, often providing
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`turnaround times of only a single day after publication. Libraries purchase a
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`significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
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`libraries make these purchases throughout the year as the books are published and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
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`within just a few days of publication.
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`28. I
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`consulted
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`the
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`Directory
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`of
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`OCLC
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`Libraries
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`(http://www.oclc.org/contacts/libraries.en.html; last visited July 15, 2021) in
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`order to identify the institution that created or modified the MARC record.
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`Moreover, when viewing the MARC record online via Online Computer Library
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`Center’s (“OCLC”) bibliographic database, which I discuss further below,
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`hovering over a library code in field 040 with the mouse reveals the full name of
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`the library. I also used this method of “mousing over” the library codes in the
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`OCLC database to identify the originating and modifying libraries for the MARC
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`records discussed in this report.
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`29. MARC records also include one or more fields that show information
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`regarding subject matter classification. For example, 6XX fields are termed
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`“Subject
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`Access
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`Fields.”
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`
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`See
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`http://www.loc.gov/marc/bibliographic/bd6xx.html (last visited July 15, 2021).
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`Among these, for example, is the 650 field; this is the “Subject Added Entry –
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`Topical Term” field. See http://www.loc.gov/marc/bibliographic/bd650.html
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`(last visited July 15, 2021). The 650 field is a “[s]ubject added entry in which the
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`entry element is a topical term.” Id. These entries “are assigned to a
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`bibliographic record to provide access according to generally accepted thesaurus-
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`building rules (e.g., Library of Congress Subject Headings (LCSH), Medical
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`Subject Headings (MeSH)).” Id.
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`30. Further, MARC records can include call numbers, which themselves
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`contain a classification number. For example, a MARC record may identify a
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`050 field, which
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`is
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`the “Library of Congress Call Number.”
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` See
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`http://www.loc.gov/marc/bibliographic/bd050.html (last visited July 15, 2021).
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`A defined portion of the Library of Congress Call Number is the classification
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`number, and “source of the classification number is Library of Congress
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`Classification and the LC Classification-Additions and Changes.” Id. Thus, the
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`050 field may be used to show information regarding subject matter
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`classification.
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`31. Each item in a library has a single classification number. A library
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`selects a classification scheme (e.g., the Library of Congress Classification
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`scheme just described or a similar scheme such as the Dewey Decimal
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`Classification scheme) and uses it consistently. When the Library of Congress
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`assigns the classification number, it appears as part of the 050 field, as discussed
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`above. For MARC records created by libraries other than the Library of Congress
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`(e.g., a university library or a local public library), the classification number may
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`appear
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`in
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`a
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`09X
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`(e.g.,
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`090)
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`field.
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`
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`See
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`http://www.loc.gov/marc/bibliographic/bd09x.html (last visited July 15, 2021).
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`32. When a MARC-compatible library acquires a work, it creates a MARC
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`record for its copy of the work in its computer catalog system in the ordinary
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`course of its business. This MARC record (for the copy of a work available at
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`the particular library) may be later accessed by researchers in a number of ways.
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`For example, many libraries, including the Library of Congress, make their
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`MARC records available through their website. As an example, the MARC
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`record for the copy of The Unlikely Spy, by Daniel Silva,4 available at the Library
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`of Congress can be viewed through the Library of Congress website, at
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`https://catalog.loc.gov/vwebv/staffView?searchId=20265&recPointer=1&recCo
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`unt=25&bibId=2579985 (last visited July 15, 2021). One could, of course,
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`always physically visit the library at which the work is available, and request to
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`see that library’s MARC record for the work. Moreover, members of the Online
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`Computer Library Center (“OCLC”) can access the MARC records of other
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`member institutions through OCLC’s online bibliographic database, as I explain
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`further below.
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`33. The OCLC was created “to establish, maintain and operate a
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`computerized library network and to promote the evolution of library use, of
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`libraries themselves, and of librarianship, and to provide processes and products
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`for the benefit of library users and libraries, including such objectives as
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`increasing availability of library resources to individual library patrons and
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`4 The Unlikely Spy is a 1996 novel written by Daniel Silva, who happens to be one
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`of my favorite authors.
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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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`worldwide scientific, literary and educational knowledge and information.”5
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`Among other services, OCLC and its members are responsible for maintaining
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`the WorldCat database (http://www.worldcat.org/; last visited July 15, 2021),
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`used by independent and institutional libraries throughout the world. All libraries
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`that are members of OCLC are MARC-compatible.
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` See, e.g.,
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`https://help.oclc.org/Metadata_Services/OCLC-MARC_records/About_OCLC-
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`MARC_records (last visited July 15, 2021) (“OCLC-MARC records describes
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`records
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`produced
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`since
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`November
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`1993.”);
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`https://www.oclc.org/support/services/worldcat/documentation/cataloging/elect
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`ronicresources.en.html (last visited July 15, 2021) (“Like the two superseded
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`OCLC documents, this revised set of guidelines is intended to assist catalogers
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`in creating records for electronic resources in WorldCat, the OCLC Online Union
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`Catalog. These guidelines pertain to OCLC-MARC tagging (that is, content
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`designation). Cataloging rules and manuals (such as AACR2) govern the content
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`5 Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library Center, Incorporated (available at
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`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf;
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`last visited July 15, 2021).
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`of records. You should implement these guidelines immediately.”).
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`34. When an OCLC member institution acquires a publication, like the
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`other MARC-compatible libraries discussed above, it creates a MARC record for
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`this publication in its computer catalog system in the ordinary course of its
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`business. MARC records created at the Library of Congress are tape-loaded into
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`the OCLC database through a subscription to MARC Distribution Services daily
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`or weekly. Once the MARC record is created by a cataloger at an OCLC member
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`library or is tape-loaded from the Library of Congress, the MARC record is then
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`made available to any other OCLC members online, and thereby made available
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`to the public. Accordingly, once the MARC record is created by a cataloger at
`
`an OCLC member library or is tape-loaded from the Library of Congress, 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. Fields 008, 005, and 955 in MARC Records as Indicators of Public
`
`Accessibility. When a MARC-compatible library creates an original MARC
`
`record for a work, the library records the date of creation of that MARC record
`
`in field 008, characters 00 through 05, in the ordinary course of its business. See
`
`ACTIVE/111989782.1
`
`
`
`16
`
`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
`Page 17 of 205
`
`
`
`
`
`http://www.loc.gov/marc/bibliographic/bd008a.html (last visited July 15, 2021).
`
`For OCLC member institutions that use OCLC software to create original MARC
`
`records, the date of creation in field 008 is automatically supplied by the OCLC
`
`software. The MARC record creation date in field 008 thus reflects the date on
`
`which, or shortly after which, a work was first acquired and cataloged by the
`
`library that created the original MARC record.
`
`36. When other MARC-compatible libraries subsequently acquire their
`
`own copies of the same work, as mentioned, they create MARC records in their
`
`own computer catalog systems for their copies in the ordinary course of
`
`business.6 They may use a MARC record previously created for that work (by
`
`another MARC-compatible library) to create their own MARC records for their
`
`own copies of that same work.7 The previously created MARC record used by
`
`subsequently-acquiring libraries to create MARC records for their own copies
`
`may be obtained through the OCLC bibliographic database, as described above.
`
`If, when creating a MARC record to represent its own copy of the work, the
`
`
`6 Initial contributions to the bibliographic database for a work are called “master
`
`records.”
`
`7 When a local library uses a master record in OCLC and produces (or downloads)
`
`it to the in-house system, the three-character symbol for the subsequent library is
`
`added to the holdings for the work.
`
`ACTIVE/111989782.1
`
`
`
`17
`
`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
`Page 18 of 205
`
`
`
`
`
`subsequently-acquiring library uses the master MARC record in its original form,
`
`the subsequently-acquiring library cannot reenter data into the 008 field;
`
`therefore, the date in the 008 field will continue to reflect the date the MARC
`
`record was initially created by the originating library. On the other hand, if the
`
`subsequently-acquiring library modifies the previously created MARC record
`
`when creating its own MARC record for its own copy of the work, the
`
`subsequently-acquiring library may enter into the 008 field of its own MARC
`
`record the date its own MARC record was created.8 But the library that created
`
`the original MARC record used by the subsequently-acquiring library would still
`
`be reflected in the MARC record of the subsequently-acquiring library in field
`
`040, subfield “a”. Thus, the work identified by any MARC record possessed by
`
`any MARC-compatible library would have been accessible to the public at least
`
`as of the date shown in the 008 field, or shortly thereafter, either from the library
`
`that possesses the MARC record itself, or from the originating library indicated
`
`in field 040, subfield “a”. As discussed, a MARC-compatible library in the
`
`
`8 This practice is not required by, but is nevertheless consistent with, the MARC
`
`standard. Many MARC records exist today whose 008 fields indicate when the
`
`first original MARC record for a work was created, rather than when a derivative
`
`record was created based on the original MARC record by a subsequently-
`
`acquiring library for its own computer catalog system.
`
`ACTIVE/111989782.1
`
`
`
`18
`
`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
`Page 19 of 205
`
`
`
`
`
`ordinary course of its business creates a MARC record in its own catalog system
`
`for a work when it acquires a copy of that work.
`
`37. Moreover, when a MARC record is created by a library for its own copy
`
`of a work, field 005 is automatically populated with the date that MARC record
`
`was created
`
`in year, month, day
`
`format
`
`(YYYYMMDD).
`
` See
`
`http://www.loc.gov/marc/bibliographic/bd005.html (last visited July 15, 2021).9
`
`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). Id.10
`
`Thus, the work identified by any MARC record possessed by any MARC-
`
`compatible library would have been accessible to the public at least as of the date
`
`shown in the 005 field, or shortly thereafter, from the library that possesses the
`
`MARC record itself. As noted, because the 005 field may be updated each time
`
`the library updates its MARC record, the work identified by the MARC record
`
`may, in fact, have been accessible to the public from that library much earlier
`
`
`9 Some of the newer library catalog systems also include hour, minute, second
`(HHMMSS).
`10 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.”
`
`ACTIVE/111989782.1
`
`
`
`19
`
`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
`Page 20 of 205
`
`
`
`
`
`than the date indicated in the 005 field.
`
`38. Moreover, MARC records for copies of works available at the Library
`
`of
`
`Congress
`
`can
`
`have
`
`a
`
`955
`
`field.
`
`
`
`See
`
`http://www.loc.gov/cds/PDFdownloads/dcm/DCM_2007-03.pdf
`
`(last visited
`
`July 15, 2021). The 955 field in MARC records obtained from the Library of
`
`Congress provides Local Tracking Information, which is a record of internal steps
`
`in the cataloging process followed by the Library of Congress. Id. Entries in the
`
`955 field for a particular work are generated by Library of Congress staff as the
`
`work progresses through the cataloging process. Id. One of the mandatory fields
`
`that library staff must enter for each step is the date (in the form of “yyyy-mm-
`
`dd” or “yy-mm-dd”) the step was taken. Id. Thus, the work identified by a
`
`MARC record possessed by the Library of Congress would have been accessible
`
`to the public at least as of the earliest date shown in the 955 field, or shortly
`
`thereafter, from the Library of Congress.
`
`39. Based on my personal experience as a professional librarian using the
`
`MARC and OCLC resources, it has been my experience that both of these
`
`resources were continuously operational and available since at least 1992.
`
`Indeed, in the course of my work, I have extensively used both of these resources
`
`over the past 30+ years, and I have consistently found the information contained
`
`within these resources to be complete and reliable. I have never found the date
`
`ACTIVE/111989782.1
`
`
`
`20
`
`MICROCHIP TECHNOLOGY INC. EXHIBIT 1046
`Page 21 of 205
`
`
`
`
`
`V.
`
`A.
`
`of accessibility as indicated in fields 008, 005, or 955 to be incorrect. And in
`
`only a minute number of cases have I found any errors at all in these records –
`
`none of which affected my ability to render an accurate opinion as to
`
`accessibility, indexing, or subject headings.
`
`PUBLICATIONS IN THIS PROCEEDING
`
`1990 Single-Chip Microcontroller Data Book [Exhibit 1005]
`
`40. Exhibit 1005 attached to my Declaration is a copy of a book titled 1990
`
`Single-Chip Microcontroller Data Book prepared and issued by NEC
`
`Electronics, Inc. in 1990. Exhibit 1005 is a true and correct copy of the entire
`
`book as held by the Unive
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