throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`ARIGNA TECHNOLOGY LIMITED,
`
`Patent Owner.
`
`
`
`
`
`
`
`
`Case No. IPR2022-00685
`U.S. Patent No. 6,603,343
`
`
`
`
`
`
`
`
`Declaration of Shauna L. Wiest Regarding Meyer
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`
`
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`Page 1 of 16
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`GOOGLE EXHIBIT 1016
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`

`

`
`I.
`
`Introduction
`
`Declaration of Shauna L. Wiest
`
`
`1.
`
`I have prepared this Declaration in connection with the Petition for
`
`Inter Partes Review of U.S. Patent No. 6,603,343, which I understand will be filed
`
`concurrently with this Declaration.
`
`2.
`
`I am currently a senior research analyst with the Research &
`
`Information Services team at Finnegan, Henderson, Farabow, Garrett & Dunner,
`
`LLP, located at 901 New York Avenue, NW, Washington, DC 20001-4413.
`
`3.
`
`I am over eighteen years of age, and I am competent to make this
`
`Declaration. I make this Declaration based on my own personal knowledge, and
`
`my knowledge of library science practices.
`
`4.
`
`I earned a Master of Science in Library Science from the University
`
`of North Carolina at Chapel Hill in 1999, and a Bachelor of Arts in Political
`
`Science from the University of California at San Diego in 1985. I have worked as
`
`a law librarian for over twenty years. I have been employed in the Research
`
`& Information Services Department at Finnegan, Henderson, Farabow, Garrett
`
`& Dunner, LLP since 2021. Before that, from 2000-2015, I was employed as a
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`Law Librarian at Stoel Rives LLP, and from 2015-2016, I was employed as a
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`Competitive Intelligence Specialist for Nossaman LLP.
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`
`
`2
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`II.
`
`Standard Library Practice for Receiving, Cataloging, and Making
`Materials, Including Serial Publications, Publicly Available
`
`Declaration of Shauna L. Wiest
`
`
`5.
`
`I have knowledge of and experience with standard library practices
`
`regarding the receipt, cataloging, shelving, and making of materials, including
`
`serial publications, available to the public. I have knowledge of and experience
`
`with the Machine-Readable Cataloging (MARC) system, an industry-wide
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`standard that libraries use to catalog materials.
`
`6.
`
`The MARC system was developed during the 1960s to standardize
`
`bibliographic records so they could be read by computers and shared among libraries.
`
`By the mid-1970s, MARC had become the international standard for bibliographic
`
`data and cataloguing. It still used today. Many libraries provide public access to their
`
`MARC records via the Internet and/or their electronic cataloging systems at the library.
`
`III. Serial Publications
`
`7.
`
`A serial publication, often known as a “journal,” is a resource that is
`
`issued in successive parts and has no predetermined conclusion. These successive
`
`parts are commonly referred to as “issues,” and each issue is usually
`
`chronologically numbered and dated. The presence of enumeration, years of
`
`coverage, and/or other chronological information also indicates a serial
`
`publication.
`
`8.
`
`There are significant differences between cataloging finite resources
`
`(books/monographs) and continuing resources (serials). For serials, the catalog record
`
`
`
`3
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`Page 3 of 16
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`

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`Declaration of Shauna L. Wiest
`
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`provides information about the serial as a whole, including the first or earliest available
`
`issue. It also provides information as to holdings – the volumes and issues, with dates,
`
`received by the library and made available to the public. In serials cataloging, there
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`are identifying characteristics unique to serials that are slightly different from
`
`monographs (books). The issue date for a print serial publication, for example,
`
`generally appears on the cover (front or back), the masthead page, the title page (if
`
`any), the table of contents page(s), or on the pages of the individual articles contained
`
`in the issue. More information regarding the unique aspects of cataloguing serials can
`
`be found at this link: https://www.loc.gov/aba/pcc/conser/scctppt/Basic-2014/Basic-
`
`Trainee-Mannual.pdf
`
`IV. MARC Records
`
`9.
`
`The MARC record system uses a specific three-digit numeric code (from
`
`001-999) to identify each field in a catalog record. For example, field tag 008 provides
`
`the six-digit date the item was catalogued (Date entered on file). The first six
`
`characters of field tag 008 are always in the “YYMMDD” format. Field tag 245
`
`identifies the full title statement for the work; field tag 260 identifies the place of
`
`publication, name of publisher, and copyright date of the publication; and field tag 310
`
`denotes the current frequency of the publication. Finally, field tag 362 identifies the
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`numbering to be used for chronological cataloguing of individual issues of continuing
`
`resources (serials). The designations within field 362 determine at what point in time
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`
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`4
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`Page 4 of 16
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`Declaration of Shauna L. Wiest
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`the serial began, which guides how issues are checked in, processed, and added to the
`
`library’s main collection.
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`10.
`
`Based on standard library practice, when a library receives an item,
`
`it stamps the item with the library name and often with a date that is within a few
`
`days or weeks of receipt. Next, the library will catalog the item within a matter of
`
`a few days or weeks of receiving it.
`
`11. Generally, after an item is cataloged, the public may access the item
`
`by searching a catalog and either requesting or electronically accessing the item
`
`from the library. Standard library practice is to make the item available to the
`
`public within a few days or weeks of cataloging it.
`
`V. MARC Records for Meyer
`
`12. As detailed below, I have reviewed the Library of Congress MARC
`
`record for R.G. Meyer, M.L. Stephens, “Distortion in variable-capacitance
`
`diodes,” IEEE Journal of Solid-State Circuits, Vol. 10, Issue 1, pp. 47-54,
`
`February 1975. (“Meyer”). Exhibit 1010 to the concurrently filed Petition is a true
`
`and accurate copy of Meyer.
`
`13. Appendix A to this declaration is a true and accurate copy of The Library
`
`of Congress MARC record for Meyer, including its copy and holdings of the serial
`
`publication IEEE Journal of Solid-State Circuits, containing Meyer, which was
`
`downloaded from https://lccn.loc.gov/89657065.
`
`
`
`5
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`
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`Declaration of Shauna L. Wiest
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`14. The Library of Congress MARC record for Meyer confirms the fixed data
`
`elements of MARC field tag 008 as 750901c19669999nyumr p0a0eng c. As discussed
`
`above, the first six characters “750901” are in typical “YYMMDD” format and
`
`indicate that the IEEE Journal of Solid-State Circuits serial publication, containing
`
`Meyer, was catalogued by The Library of Congress on September 1, 1975. The
`
`publication status code “c” appearing in MARC field tag 008 refers to “continuing
`
`resource currently published” indicating that this item began publication in 1966 and
`
`is a continuing publication. Based on this record and standard library practices, Meyer
`
`would have been shelved and made available to the public a few days or weeks after
`
`September 1, 1975.
`
`15. The Library of Congress MARC catalog record, field tag 245 denotes the
`
`title and statement of responsibility for the work as “IEEE Journal of Solid-State
`
`Circuits.”
`
`16.
`
`In The Library of Congress MARC catalog record, field tag 260 denotes
`
`information relating to the place of publication, name of publisher, and date of
`
`publication and distribution as “|a New York, N.Y. : |b Institute of Electrical and
`
`Electronics Engineers, |c ©1966-.” Subfield code “a” refers to the place of publication.
`
`Subfield code “b” refers to the name of the publisher. Subfield code “c” refers to date
`
`of publication, which for this record is 1966-.
`
`17.
`
`In The Library of Congress MARC catalog record, field tag 362 provides
`
`a chronological designation to identify individual issues of a continuing (serial)
`6
`
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`Page 6 of 16
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`

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`Declaration of Shauna L. Wiest
`
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`resource. In this record for Meyer, the sequential designation begins with Volume SC-
`
`1, no. 1, September 1966 with no end date noted.
`
`18. Finally, in The Library of Congress MARC catalog record, field tag 991
`
`identifies the holdings, location, and call numbers for its copy of Meyer. Field Tag
`
`991 denotes the following public holdings and call numbers for its copy of Meyer: |b
`
`c-GenColl |h TK7871.85 |i .I23 |p 00023488243 |t Copy 1 |v 10 * 1975 |w CCF.
`
`19. Based on this evidence, it is my opinion that Exhibit 1010 is an authentic
`
`document, which was made publicly accessible and publicly available a few days or
`
`weeks after September 1, 1975.
`
`VI. U.S. Copyright Records for Meyer
`
`20. The United States Copyright Office, a part of the Library of Congress, is
`
`the official U.S. government body that maintains records of copyright registrations in
`
`the United State, including providing public access to an online Copyright Catalog.
`
`The records contained in this catalog are publicly accessible and are routinely used by
`
`copyright title researchers who are attempting to clear a chain of title for copyrighted
`
`works.
`
`21. Appendix B to this declaration is a true and accurate copy of the U.S.
`
`Copyright Office record for its copy of Meyer downloaded from its Proof of Concept
`
`(Virtual Card Catalog) (Time-Period: 1971-1977; Drawer Label: I_E-I_EZ; Card
`
`Number: .0206) available here: https://copyright.gov/vcc/
`
`
`
`7
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`Page 7 of 16
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`
`Declaration of Shauna L. Wiest
`
`22. Appendix B establishes that the issue of IEEE Journal of Solid-State
`
`Circuits containing Meyer, which is identified by the United States Copyright Office
`
`as V. SC-10, Issue No. 1, February 1975 (Issue Date), with a documented publication
`
`date of February 3, and denoted as Entry No. 1748, was copyright protected on
`
`February 3, 1975.
`
`23.
`
`In addition to establishing that Meyer was copyright protected on
`
`February 3, 1975, Appendix B also establishes that Meyer would have been made
`
`publicly available to researchers a few days or weeks after February 3, 1975.
`
`24. Based on this evidence, it is my opinion that Exhibit 1010 is an authentic
`
`document, which would have been made publicly accessible to and in actual use by
`
`researchers no later than March 1, 1975.
`
`VII. Conclusion
`
`25.
`
`In signing this Declaration, I understand it will be filed as evidence in
`
`a contested case before the Patent Trial and Appeal Board of the United States
`
`Patent and Trademark Office. I understand I may be subject to cross-examination
`
`in this case and that cross-examination will take place within the United States. If
`
`cross-examination is required of me, I will appear for cross-examination within
`
`the United States during the time allotted for cross-examination.
`
`26.
`
`I declare that all statements made herein of my knowledge are true, that
`
`all statements made on information and belief are believed to be true, and that these
`
`statements were made with the knowledge that willful false statements and the like so
`8
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`Page 8 of 16
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`

`

`Declaration of Shauna L. Wiest
`
`
`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18
`
`of the United States Code.
`
`
`
`Executed on March 9, 2022, in Washington, DC.
`
`
`
`
`
`
`
`Shauna L. Wiest
`
`9
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`Page 9 of 16
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`APPENDIX A
`APPENDIX A
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`Page 10 of 16
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`2/16/22, 4:38 PM
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`LC Catalog - Item Information (MARC Tags)
`
`Search Navigation
`
`
`
` 1 of 3
`
`PERIODICAL OR NEWSPAPER
`
`IEEE journal of solid-state circuits
`
`Full Record
`
`MARC Tags
`
`000
`001
`005
`008
`010
`022
`030
`032
`035
`040
`
`042
`050
`210
`222
`245
`246
`246
`260
`300
`310
`321
`321
`336
`337
`338
`362
`510
`530
`550
`
`05020cas a2200973 a 4500
`11362790
`20211217065645.0
`750901c19669999nyumr p 0 a0eng c
` |a 89657065 |z sn 78000342
`__
` |a 0018-9200 |l 0018-9200 |2 1
`__
` |a IJSCBC
`__
` |a 925080 |b USPS
`__
` |a (OCoLC)ocm01589745
`__
` |a MUL |b eng |c MUL |d NSD |d YUS |d HUL |d SER |d NSD |d OCL |d AIP |d NST |d NSD |d DLC |d NST |d DLC |d
`__
` NST |d IUL |d WAU |d MYG |d CUS |d MYG |d OCL |d SYS |d IEEEX |d OCLCQ |d NSD |d LVB |d CIT |d OCLCQ |d
`OCLCF |d CUS |d IUL |d UMC |d OCLCQ |d UMC |d CGU
` |a nsdp |a pcc
` |a TK7871.85 |b .I23
` |a IEEE j. solid-state circuits
` |a IEEE journal of solid-state circuits
` |a IEEE journal of solid-state circuits.
` |a Institute of Electrical and Electronics Engineers journal of solid state circuits
` |a Journal of solid-state circuits
` |a New York, N.Y. : |b Institute of Electrical and Electronics Engineers, |c ©1966-
` |a volumes : |b illustrations ; |c 28 cm
` |a Monthly, |b 1991-
` |a Quarterly, |b 1966-
` |a Bimonthly, |b <1986->
` |a text |b txt |2 rdacontent
` |a unmediated |b n |2 rdamedia
` |a volume |b nc |2 rdacarrier
` |a Vol. SC-1, no. 1 (Sept. 1966)-
` |a Chemical abstracts |x 0009-2258 |b 1966-1982
` |a Also issued on CD-ROM.
` |a Issued by the IEEE Solid-State Circuits Council; by: IEEE Solid-State Circuits Society, 1997-
`
`__
`00
`0_
`_0
`00
`3_
`30
`__
`__
`__
`__
`__
`__
`__
`__
`0_
`2_
`__
`__
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`LC Catalog - Item Information (MARC Tags)
`2/16/22, 4:38 PM
` |a Latest issue consulted: Vol. 51, no. 12 (Dec. 2016) (surrogate).
`__
`588
` |a SERBIB/SERLOC merged record
`__
`590
` |a Semiconductors |v Periodicals.
`_0
`650
` |a Integrated circuits |v Periodicals.
`_0
`650
` |a Solid state electronics |v Periodicals.
`_0
`650
` |a Électronique de l'état solide |v Périodiques.
`_6
`650
` |a Circuits électroniques |v Périodiques.
`_6
`650
` |a Integrated circuits. |2 fast |0 (OCoLC)fst00975535
`_7
`650
` |a Semiconductors. |2 fast |0 (OCoLC)fst01112198
`_7
`650
` |a Solid state electronics. |2 fast |0 (OCoLC)fst01125449
`_7
`650
` |a Periodicals. |2 fast |0 (OCoLC)fst01411641
`_7
`655
` |a Periodicals. |2 lcgft
`_7
`655
` |a IEEE Solid-State Circuits Council, |e issuing body.
`2_
`710
` |a IEEE Solid-State Circuits Society, |e issuing body.
`2_
`710
` |i Online version: |t IEEE journal of solid-state circuits |x 1558-173X |w (DLC) 2005214279 |w (OCoLC)44608277
`08
`776
` |u http://ieeexplore.ieee.org/servlet/opac?punumber=4
`41
`859
` |8 1 |a v. |b no. |u 6 |v r |i (year) |j (month) |w b |x 02
`33
`853
` |8 1 |a <5>- |i <1970>- |x provisional
`40
`863
` |a IEEE journal of solid-state circuits. |i 89-657065
`__
`890
` |a 7 |b cbc |c serials |d 3 |e ncip |f 19 |g n-oclcserc
`__
`906
` |a Keep 1
`__
`920
` |d 20020725 |s Group Registration
`__
`923
` |a srvf
`__
`984
` |e eserial 200406
`__
`985
` |b c-GenColl |h TK7871.85 |i .I23 |w SERIALS
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00050772172 |t Copy 1 |v 1-2:Sept-Dec * 1966 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00032911122 |t Copy 1 |v 28:1993 * 1993 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00032910786 |t Copy 1 |v 29:1994 * 1994 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00039961751 |t Copy 1 |v 30 * 1995 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00057703611 |t Copy 1 |v 31 May-Aug * 1996 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00057703933 |t Copy 1 |v 31 Sept-Dec * 1996 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00057703982 |t Copy 1 |v 31 1996 * 1996 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00058114704 |t Copy 1 |v 32 * 1997 Jan-Jun |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00058114674 |t Copy 1 |v 32 * 1997 Jul-Dec |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00023487901 |t Copy 1 |v 4-5 1969-70 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00023488243 |t Copy 1 |v 10 * 1975 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027986900 |t Copy 1 |v 13 1978 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027986894 |t Copy 1 |v 15 1980 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00001496475 |t Copy 1 |v 17:1-5 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00001496451 |t Copy 1 |v 18:1-6 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027962932 |t Copy 1 |v 20:1-6 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027962920 |t Copy 1 |v 21:1-6 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027962919 |t Copy 1 |v 22:1-6 * 8888 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00001496463 |t Copy 1 |v 23:1-5 * 1988 |w CCF
`__
`991
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027948844 |t Copy 1 |v 24:1-6 * 8888 |w CCF
`__
`991
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`991
`991
`991
`991
`991
`992
`
`__
`__
`__
`__
`__
`__
`
`LC Catalog - Item Information (MARC Tags)
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027948832 |t Copy 1 |v 25:1-3 * 8888 |w CCF
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027948820 |t Copy 1 |v 25:4-6 * 8888 |w CCF
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027948819 |t Copy 1 |v 26:1-6 * 1991 |w CCF
` |b c-GenColl |h TK7871.85 |i .I23 |p 0000149644A |t Copy 1 |v 27:1-6 * 8888 |w CCF
` |b c-GenColl |h TK7871.85 |i .I23 |p 00027948996 |t Copy 1 |v 27:7-12 * 8888 |w CCF
` |b SER |w SERLOC
`
`Request this Item
`
` LC Find It
`
`Item Availability
`
`CALL NUMBER
`
`Request in
`
`Status
`
`Older receipts
`
`CALL NUMBER
`
`Request in
`
`Status
`
`Latest receipts
`
`TK7871.85 .I23
`Set 1
`
`Jefferson or Adams Building Reading Rooms
`
`Not Charged
`
`v.1:no.1-v.40:no.6 (1966:Sept.-2005:June), v.40:no.9-v.43:no.3 (2005:Sept.-2008:Mar.),
`v.43:no.6-v.44:no.5 (2008:June-2009:May), v.44:no.7-v.54:no.12 (2009:July-2019:Dec.)
`
`TK7871.85 .I23
`Copy 1
`Unbound issues
`
`Newspaper & Current Periodical Reading Room (Madison LM133)
`
`Not Charged
`
`v. 57, no. 1 (2022 Jan.)
`v. 56, no. 12 (2021 Dec.)
`v. 56, no. 11 (2021 Nov.)
`v. 56, no. 10 (2021 Oct.)
`v. 56, no. 9 (2021 Sept.)
`v. 56, no. 8 (2021 Aug.)
`v. 56, no. 7 (2021 July)
`v. 56, no. 6 (2021 June)
`v. 56, no. 5 (2021 May)
`v. 56, no. 4 (2021 Apr.)
`v. 56, no. 3 (2021 Mar.)
`v. 56, no. 2 (2021 Feb.)
`v. 56, no. 1 (2021 Jan.)
`v. 55, no. 12 (2020 Dec.)
`v. 55, no. 11 (2020 Nov.)
`v. 55, no. 10 (2020 Oct.)
`v. 55, no. 9 (2020 Sept.)
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`LC Catalog - Item Information (MARC Tags)
`v. 55, no. 8 (2020 Aug.)
`v. 55, no. 7 (2020 July)
`v. 55, no. 6 (2020 June)
`v. 55, no. 5 (2020 May)
`v. 55, no. 4 (2020 Apr.)
`v. 55, no. 3 (2020 Mar.)
`v. 55, no. 2 (2020 Feb.)
`v. 55, no. 1 (2020 Jan.)
`v. 44, no. 6 (2009 June)
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`APPENDIX B
`APPENDIX B
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`Page 15 of 16
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`2/16/22, 3:31 PM
`Cardbrowser Print
`
`Card Browser
`
`Property of U.S. Copyright Office
`
`Time-Period: 1971-1977
`Drawer Label: I_E-I_EZ
`Card Number: .0206
`Card Content: IEEE JOURNAL OF SOLID STATE CIRCUITS. © Institute of Electrical and Electronics I Engineers, Inc. 1. Jan71 © 4Jan B656 0212.
`Feb71 © 25Jan B674 1353. Mar71 © 23Feb B665 5564. Apr71 © 24Mar B674 1375. May71 © 22Apr B679 499 _ 6, Dec75 © 11Dec B82878 1. Institute
`of Electrical and Electronics Engineers, Inc.
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`Page 16 of 16
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