Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`NINTENDO CO., LTD., and
`NINTENDO OF AMERICA INC.,
`Petitioners
`
`v.
`
`AMERICAN GNC CORPORATION,
`Patent Owner
`
`U.S. Patent No. 6,508,122 B1
`Issue Date: January 21, 2003
`
`Title: Microelectromechanical System for Measuring Angular Rate
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D.
`
`Nintendo Exhibit 1016
`Page 001
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`I.
`
`Table of Contents
`Introduction ....................................................................................................... 3
`A. Qualifications and Professional Experience .................................................. 3
`B. Scope of This Declaration ............................................................................. 6
`C. Personal of Ordinary Skills in the Arts ......................................................... 8
`D. Evidence Considered in Forming My opinions ............................................. 9
`II. Authenticity and Public Availability of Merhav (EX1008) ............................ 11
`A. Authentication ............................................................................................. 11
`B. Library of Congress Records ....................................................................... 12
`C. Copyright Registration Record .................................................................... 16
`D. Usage Record .............................................................................................. 16
`E.
`Summary of My Opinion on Merhav .......................................................... 17
`III. Authenticity and Public Availability of Ristic (EX1010) ............................... 17
`A. Authentication ............................................................................................. 17
`B. Library of Congress Records ....................................................................... 19
`C. Copyright Registration Record .................................................................... 22
`D. Usage Record .............................................................................................. 23
`E.
`Summary of My Opinion on Ristic ............................................................. 23
`IV.
`Internet Archive Records ................................................................................. 24
`V. Conclusion ....................................................................................................... 26
`
`2
`
`Nintendo Exhibit 1016
`Page 002
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`I.
`
`Introduction
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have personal knowledge of all of the matters about which I testify in
`
`this declaration.
`
`2.
`
`I have been retained as an independent expert witness on behalf of
`
`Nintendo Co., Ltd. and Nintendo of America Inc. (“NINTENDO”) for proceedings
`
`before the United States Patent and Trademark Office (“PTO”) regarding the
`
`authenticity and public availability of certain prior art references in relation to US
`
`Patent No. 6,508,122.
`
`3.
`
`I am being compensated for my work in this matter at my customary
`
`hourly rate. I am also being reimbursed for any reasonable expenses associated with
`
`my work and testimony in this investigation. My compensation is not contingent on
`
`the results of my study, the substance of my opinions, or the outcome of this matter.
`
`A.
`
`4.
`
`Qualifications and Professional Experience
`
`My complete qualifications and professional experience are described
`
`in my academic curriculum vitae (Appendix A). The following is a brief summary
`
`of my relevant qualifications and professional experience.
`
`5.
`
`I was a professor in the Department of Library and Information Science
`
`at the Catholic University of America for 32 years and was conferred the title of
`
`3
`
`Nintendo Exhibit 1016
`Page 003
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`Professor Emerita in December 2022. I have experience working in an academic
`
`library, a medical library, and a legislative library. I hold a Ph.D. and a Masters in
`
`Library and Information Studies from the University of Wisconsin-Madison.
`
`6.
`
`I am an expert on library cataloging and classification and have
`
`published two editions on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000 and 2006). I have taught a variety
`
`of courses, including Cataloging and Classification, Advanced Cataloging and
`
`Classification, Organization of Internet Resources, Organization of Information,
`
`Metadata, Digital Content Creation and Management, Internet Searches and Web
`
`Design, Information Literacy Instruction, Advanced Information Retrieval and
`
`Analysis Strategies, and The Information Professions in Society. I am familiar with
`
`metadata schema design and implementation. In my teaching I have covered the
`
`design and implementation of metadata in databases, search engines, digital
`
`repositories, digital libraries, and digital archives. I have also covered how
`
`information organization affects the discovery and access to digital resources on the
`
`Internet. My research interests cover cataloging and classification, information
`
`organization, metadata, information retrieval, information architecture, digital
`
`collections, scholarly communication, social media, user
`
`interaction with
`
`information systems, and others.
`
`
`
`4
`
`Nintendo Exhibit 1016
`Page 004
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`7.
`
`I am very familiar with a library cataloging encoding standard known
`
`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
`
`became the national standard for sharing bibliographic data in the United States by
`
`1971 and the international standard by 1973. MARC is the primary communications
`
`protocol for the transfer and storage of bibliographic metadata in libraries. Experts
`
`in my field reasonably rely upon MARC records when forming their opinions.
`
`8.
`
`A MARC record consists of several fields, each of which contains
`
`specific data about the work. Each field is identified by a standardized, unique, three-
`
`digit code corresponding to the type of data that follows. Appendix B is a true and
`
`correct copy of Parts VII to X of “Understanding MARC Bibliographic: Machine-
`
`Readable Cataloging” (http://www.loc.gov/marc/umb/um07to10.html) from the
`
`Library of Congress that explains commonly used MARC fields. For example, the
`
`personal author of a work is recorded in Field 100, the title is recorded in Field 245,
`
`publisher information is recorded in Field 260, the physical volume and
`
`characteristics of a publication are recorded in Field 300, and topical subjects are
`
`recorded in Fields 650.
`
`9.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration, I used the following authoritative
`
`information systems to search for records:
`
`
`
`5
`
`Nintendo Exhibit 1016
`Page 005
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`• Google Scholar (https://scholar.google.com)
`
`• Internet Archive (https://archive.org/)
`
`• Online catalog of the Library of Congress (https://catalog.loc.gov/)
`
`• Public
`
`catalog
`
`of
`
`the United
`
`States Copyright Office
`
`(https://cocatalog.loc.gov/)
`
`• WorldCat, the free web portal (https://search.worldcat.org/)
`
`B.
`
`10.
`
`Scope of This Declaration
`
`I have been asked to offer an opinion on the authenticity and public
`
`availability date of the following documents:
`
`(1) Merhav, S. (1996). Aerospace Sensor Systems and Applications,
`
`New York : Springer, EX1008 (“Merhav”);
`
`(2) Sensor Technology and Devices (1994). Edited by Ljubisa Ristic.
`
`Boston: Artech House., EX1010 (“Ristic”).
`
`11.
`
`I am rendering my expert opinion on the authenticity of the document
`
`referenced herein and on whether it was published. I will provide my opinion on
`
`when and how this document was publicly disseminated or otherwise made publicly
`
`available to the extent that persons interested and ordinarily skilled in the subject
`
`matter or art, exercising reasonable diligence, could have located and retrieved this
`
`document.
`
`
`
`6
`
`Nintendo Exhibit 1016
`Page 006
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`12.
`
`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claimed to be. I
`
`am also informed that authenticity can be established based on the contents of the
`
`documents themselves, such as the appearance, content, substance, internal patterns,
`
`protocols followed or other distinctive characteristics of the item.
`
`13.
`
`I am informed by counsel that a given reference is “published” if it is
`
`publicly accessible upon a satisfactory showing that such a document has been
`
`disseminated or otherwise made publicly available to the extent that persons
`
`interested and ordinarily skilled in the subject matter or art could locate it exercising
`
`reasonable diligence and obtain the document. I have also been informed by counsel
`
`that materials available in a library constitute “printed publications” if they are
`
`cataloged and indexed according to general library practices and protocols that make
`
`the references available and accessible to members of the interested public.
`
`14.
`
`I have been informed by counsel that the ’122 patent was filed on
`
`September 15, 2000, in the United States, and the earliest priority date of the ’122
`
`patent is September 16, 1999. I also understand that in the pending litigation, the
`
`Patent Owner has claimed that the ’122 patent is entitled to an invention date of May
`
`1999. I have assessed public accessibility of the documents referenced below as of
`
`this claimed priority date.
`
`
`
`7
`
`Nintendo Exhibit 1016
`Page 007
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`C.
`
`Personal of Ordinary Skills in the Arts
`
`15.
`
`I am told by counsel that the subject matter of this proceeding relates to
`
`sensors for measuring movement, such as acceleration and rotational position.
`
`16.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the inventions” (POSA) is a hypothetical person who is presumed
`
`to be familiar with the relevant field and its literature at the time of the inventions.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles and literature applicable to the pertinent field.
`
`17.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art would have possessed a bachelor’s degree in electrical engineering or similar
`
`degree, with two to three years of practical experience designing and/or
`
`implementing systems that include sensors for measuring movement, such as
`
`acceleration and rotational position. I understand that a person could also have
`
`qualified as a person of ordinary skill in the art with a combination of (1) more
`
`formal education (such as a Master of Science degree) and less technical experience,
`
`or (2) less formal education and more technical or professional experience.
`
`18.
`
`It is my opinion that such a person would have been actively engaged
`
`in learning about the field, possibly through formal instruction through the
`
`bibliographic resources. By at least January 1999, such a person would have had
`
`
`
`8
`
`Nintendo Exhibit 1016
`Page 008
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`access to a vast array of print and electronic resources, including at least those
`
`resources referenced below.
`
`D. Evidence Considered in Forming My opinions
`
`19.
`
`In the preparation of this declaration, I have reviewed the documents
`
`referenced below and any other documents I reference herein, and each of these is a
`
`type of material that experts in my field would reasonably rely upon when forming
`
`their opinions:
`
`(1) The document referenced above in Section I.B;
`
`(2) Bibliographic and MARC records for Merhav, available at
`
`https://lccn.loc.gov/95051161 from the online catalog of the Library
`
`of Congress, Appendix 1008A;
`
`(3) Copyright
`
`registration
`
`record
`
`for Merhav,
`
`available
`
`at
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?v1=2&ti=1,2&Search%5FArg=Aerospace%20
`
`sensor%20systems%20and%20applications&Search%5FCode=TA
`
`LL&CNT=25&PID=x3k97Y1ALJ2z0Elx_MbnzHG3WPUUF&S
`
`EQ=20240304181936&SID=1 from the public catalog of the United
`
`States Copyright Office, Appendix 1008B;
`
`(4) Citations to Merhav, obtained from Google Scholar, Appendix
`
`
`
`9
`
`Nintendo Exhibit 1016
`Page 009
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`1008C;
`
`(5) Bibliographic and MARC records for Ristic, available at
`
`https://lccn.loc.gov/94002361 from the online catalog of the Library
`
`of Congress, Appendix 1010A;
`
`(6) Copyright
`
`registration
`
`record
`
`for Ristic,
`
`available
`
`at
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?Search_Arg=Sensor+Technology+and+Device
`
`s+&Search_Code=TALL&PID=eAvR84VulkMtKrmUcLoA6dK0
`
`68Zx-&SEQ=20240307110421&CNT=25&HIST=1
`
`from
`
`the
`
`public catalog of the United States Copyright Office, Appendix
`
`1010B;
`
`(7) Citations to Ristic, obtained from Google Scholar, Appendix
`
`1010C;
`
`(8) WebCat archived on May 24, 1997, by Internet Archive, available
`
`at
`
`https://web.archive.org/web/19970524163247/http://library.usask.c
`
`a/hywebcat/; WebCat Government Libraries archived on May 24,
`
`1997,
`
`by
`
`Internet
`
`Archive,
`
`available
`
`at
`
`
`
`10
`
`Nintendo Exhibit 1016
`Page 0010
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`https://web.archive.org/web/19970524205355/http://library.usask.c
`
`a/hywebcat/libtypes/G.html; and Library of Congress online catalog
`
`on the Web archived on January 20, 1998, by Internet Archive and
`
`available
`
`at
`
`https://web.archive.org/web/19980120124127/http://lcweb.loc.gov/
`
`catalog/, Appendix 1010D.
`
`II. Authenticity and Public Availability of Merhav (EX1008)
`
`A. Authentication
`
`20. Exhibit 1008 is a true and correct copy of portions of Aerospace
`
`Sensor Systems and Applications, (“Merhav”), by Shmuel Merhav and published by
`
`Springer in 1996, that I obtained from Library of Congress. When I began
`
`researching this work, I searched WorldCat for records, and a record at
`
`https://search.worldcat.org/title/33863049 showed Library of Congress was one of
`
`the holding libraries. After verifying the holdings information in their online catalog,
`
`I obtained a copy of portions of Merhav through a document delivery service. This
`
`library copy is presented as EX1008 in this declaration.
`
`21. Page 1 shows the front cover, spine, and back cover. The front cover
`
`shows the title, author, and publisher; the spine shows a call number of “TL 695
`
`.M47 1996” and the back cover shows an ISBN (International Standard Book
`
`
`
`11
`
`Nintendo Exhibit 1016
`Page 0011
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`Number) of “0-387-94605-5” and a Library of Congress barcode. Page 2 is the half
`
`title page. Page 3 is the title page that shows the same information as the cover and
`
`indicates the book includes 193 figures. Page 4 is the copyright page that shows a
`
`Library of Congress Cataloging-in-Publication record, a “1996” copyright date with
`
`Springer-Verlag New York, Inc. as the copyright holder, and the ISBN for this book.
`
`This page carries a date stamp of “Library of Congress FEB 8 1996 CIP” and a
`
`hand-written call number. Pages 5 to 10 are the table of contents that shows Merhav
`
`includes nine chapters, each with its references, three appendices, and an index.
`
`Pages 11 to 13 (internal pages [377] to 381) are a portion of Chapter 8 The Ring
`
`Laser Gyro.
`
`22.
`
`I have closely examined EX1008 and found it to contain nothing that
`
`raises suspicion of its authenticity. Specifically, the portion of Chapter 8 in EX1008
`
`is not missing any intermediate pages, the text on each page appears to flow
`
`seamlessly from one page to the next, and there are no visible alterations to the
`
`document. In addition, EX1008 is a published work in the custody of a national
`
`library. It is therefore my opinion that EX1008 is from a published book that is
`
`authentic and publicly available.
`
`B.
`
`Library of Congress Records
`
`23. Appendix 1008A is a true and correct copy of the bibliographic and
`
`
`
`12
`
`Nintendo Exhibit 1016
`Page 0012
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`MARC records for Merhav that I obtained from the online catalog of the Library of
`
`Congress. I personally located, identified, and obtained these records. They are the
`
`type of record experts in my field would rely upon when forming their opinions.
`
`24. Pages 1 and 2 are the bibliographic record that shows the author, title,
`
`publisher, and copyright date. The record also shows the book’s ISBN and LCCN
`
`(Library of Congress Control Number). These bibliographic details match the
`
`information presented in EX1008, confirming this record represents Merhav. The
`
`“Item Available” area shows the book’s call number is “TL695 .M4 1996,” Copy 1
`
`is at the Library of Congress and Copy 2 is stored offsite. Users can request access
`
`to this work at the Jefferson or Adams Building Reading rooms, and the Status of
`
`this work is “Not Charged” (meaning available for user request).
`
`25.
`
` Page 3 and 4 are the MARC record that shows the date of record
`
`creation and revision. The first six digits of Field 008 show the MARC record was
`
`created on “951201” (i.e., December 1, 1995), and the “s1996” code following this
`
`creation date indicates this work has a single publication date of 1996. Field 955
`
`records local cataloging activities, and the last note “CIP ver … 03-12-96” indicates
`
`Library of Congress catalogers verified the CIP record on March 12, 1996, after the
`
`published book was received. Subfield “a” of Field 040 shows “DLC” (i.e., Library
`
`of Congress) created the MARC record. Fields 008, 955 and 040 inform my opinion
`
`
`
`13
`
`Nintendo Exhibit 1016
`Page 0013
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`that Library of Congress created a Cataloging-in-Publication MARC record for
`
`Merhav on December 1, 1995, before the book was published. After the library
`
`received a copy from the publisher on February 8, 1996 (as indicated by the date
`
`stamp on EX1008), Library of Congress catalogers used it on March 12, 1996, to
`
`verify the CIP record created in December 1995. This MARC record informs my
`
`opinion that Merhav became discoverable on December 1, 1995, when the CIP
`
`record was created. The record was verified on March 12, 1996. A common practice
`
`of academic and research libraries is to process a newly cataloged book promptly for
`
`public access, usually within a week after the cataloging work is completed. Based
`
`on my experience with the collections of Library of Congress, it can take one to three
`
`months for a newly cataloged book to become publicly accessible. It is therefore my
`
`opinion that the physical copy of Merhav, after processing, would have become
`
`publicly accessible no later than June 12, 1996.
`
`26. Field 010 of the MARC record (Appendix 1008A) shows the Library
`
`of Congress Control Number assigned to Merhav and Field 020 shows the book’s
`
`ISBN. Field 100 shows Merhav as the author, Field 245 shows the title and author
`
`statement, Field 260 shows the publisher information and copyright date (“c1996”),
`
`Field 300 shows the physical description, and Field 504 shows the book contains
`
`bibliographical references and an index.
`
`
`
`14
`
`Nintendo Exhibit 1016
`Page 0014
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`27.
`
` Subjects are represented in Field 050 by a Library of Congress
`
`Classification (LCC) number of “TL695” that represents general works on
`
`“Electronic aids to navigation. Radio. Radar. Television” and in Field 082 by a
`
`Dewey Decimal Classification (DDC) number of “629.135” that represents “Aircraft
`
`instrumentation (Avionics).” Subjects are also represented in Fields 650 by four
`
`Library of Congress subject headings: Avionics, Detectors, Aeronautical
`
`instruments, and Space vehicles |x Guidance systems (“|x” indicates a topical
`
`subdivision). These subject representations support users to conduct subject searches
`
`to discover this book.
`
`28. This MARC record (Appendix 1008A) shows that Merhav was
`
`published with a 1996 copyright date. This work became discoverable on December
`
`1, 1995, when the CIP record was created. After the book was published, the CIP
`
`record was verified on March 12, 1996. Users would have been able to conduct
`
`subject searches by the LCC number, DDC number and Library of Congress subject
`
`headings in the MARC record to discover this book. They would also have been able
`
`to search for this book by the LCCN, ISBN, title, and author. This MARC record
`
`informs my opinion that Merhav became discoverable in the online catalog of the
`
`Library of Congress on December 1, 1995. After the CIP record was verified on
`
`March 12, 1996, the physical copy of Merhav, after processing, would have become
`
`
`
`15
`
`Nintendo Exhibit 1016
`Page 0015
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`publicly accessible no later than June 12, 1996.
`
`C. Copyright Registration Record
`
`29. Appendix 1008B is a true and correct copy of the copyright registration
`
`record for Merhav. I personally located, identified, and obtained this record from the
`
`public catalog of the United States Copyright Office. This is the type of record
`
`experts in my field would reasonably rely upon when forming their opinions.
`
`30. Appendix 1008B shows I searched the public catalog of the Copyright
`
`Office by the book title for records. The title, imprint, and copyright claimant match
`
`the information presented in the Library of Congress copy (EX1008) and the Library
`
`of Congress records (Appendix 1008A). The “Date of Publication” field shows this
`
`book was published on “1996-02-02” (i.e., February 2, 1996), and the “Registration
`
`Number / Date” field shows “1996-02-26” (i.e., February 26, 1996) as the copyright
`
`registration date.
`
`D. Usage Record
`
`31. Actual usage of a publication is reflected by other publications that
`
`make reference to it. I used Google Scholar to review citations to Merhav and found
`
`seven citations were published before January 1999. Appendix 1008C is a list I
`
`compiled to show that at least five citations appeared before 1999, and the earliest
`
`citation appeared in 1997.
`
`
`
`16
`
`Nintendo Exhibit 1016
`Page 0016
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`
`E.
`
`Summary of My Opinion on Merhav
`
`32. EX1008 is true and authentic because the portions of the book show
`
`nothing that raise suspicion of their authenticity. The book is in the custody of a
`
`national library. Bibliographic and MARC records of the Library of Congress
`
`(Appendix 1008A) show that Library of Congress created a CIP record for Merhav
`
`on December 1, 1995, before the book was published, making this book discoverable
`
`in their catalog from that date on. The copyright registration record (Appendix
`
`1008B) shows Merhav was published on February 2, 1996, and registered with the
`
`United States Copyright Office on February 26, 1996. After the published work was
`
`received by Library of Congress, the catalogers verified the CIP record on March
`
`12, 1996. After processing, the physical copy of Merhav would have become
`
`publicly accessible by June 12, 1996. Citation history shows the earliest citation to
`
`Merhav appeared in 1997.
`
`III. Authenticity and Public Availability of Ristic (EX1010)
`
`A. Authentication
`
`33. Exhibit 1010 is a true and correct copy of portions of Sensor
`
`Technology and Devices, (“Ristic”), edited by Ljubisa Ristic and published by
`
`Artech House in 1994, that I obtained from Library of Congress. When I began
`
`researching this work, I searched WorldCat for records, and a record at
`
`
`
`17
`
`Nintendo Exhibit 1016
`Page 0017
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`https://search.worldcat.org/title/29702531 showed Library of Congress was one of
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`the holding libraries. After verifying the holdings information in their online catalog,
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`I obtained a copy of portions of Ristic through a document delivery service. This
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`library copy is presented as EX1010 in this declaration.
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`34. Page 1 shows the front cover, spine, and back cover. The front cover
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`shows the title and editor, the spine shows a call number of “TK 7868 .I58 S46 1994”
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`and the back cover shows the publisher information, an ISBN (International
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`Standard Book Number) of “0-89006-52-2” and a Library of Congress barcode. Page
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`3 is the half title page. Page 4 is the title page that shows the title, editor, publisher
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`and publisher locations. Page 5 is the copyright page that shows a Library of
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`Congress Cataloging-in-Publication record, a “1994” copyright date with ARTECH
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`HOUSE, INC. as the copyright holder, and the ISBN for this book. This page carries
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`a date stamp of “Library of Congress MAR 14 1994 CIP” and a hand-written call
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`number. Pages 6 to 11 are the table of contents that shows Ristic includes 13
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`chapters, each with its references, and an index.
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`35. The rest of EX1010 includes pages from Chapter 1 Sensing the Real
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`World (Pages 12 to 22 are internal pages 1 to 11); Chapter 3 Bulk Micromachining
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`Technology (Pages 23 to 67 are internal pages 49 to 93); Chapter 4 Surface
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`Micromachining Technology (Pages 69 to 129 are internal pages 95 to 155); Chapter
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`
`18
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`Nintendo Exhibit 1016
`Page 0018
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`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`11 Sensors for the Automotive Industry (Pages 130 to 172 are internal pages 377 to
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`419); Chapter 12 Signal Processing for Micromachined Sensors (Pages 174 to 209
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`are internal pages 421 to 456); and Chapter 13 Controlled Oscillators and Their
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`Applicability to Sensors (Pages 210 to 263 are internal pages 457 to 510).
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`36.
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`I have closely examined EX1010 and found it to contain nothing that
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`raises suspicion of its authenticity. Specifically, the pages from Chapters 1, 3, 4, 11,
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`12 and 13 (EX1010) are not missing any intermediate pages, the text on each page
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`appears to flow seamlessly from one page to the next, and there are no visible
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`alterations to the document. In addition, EX1010 is a published work in the custody
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`of a national library. It is therefore my opinion that EX1010 is from a published
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`book that is authentic and publicly available.
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`B.
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`Library of Congress Records
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`37. Appendix 1010A is a true and correct copy of the bibliographic and
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`MARC records for Ristic that I obtained from the online catalog of the Library of
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`Congress. I personally located, identified, and obtained these records. They are the
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`type of record experts in my field would rely upon when forming their opinions.
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`38. Pages 1 and 2 are the bibliographic record that shows the main title,
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`publisher, and copyright date. The record also shows the book’s ISBN and LCCN
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`(Library of Congress Control Number). These bibliographic details match the
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`
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`19
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`Nintendo Exhibit 1016
`Page 0019
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`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`information presented in EX1010, confirming this record represents Ristic. The
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`“Item Available” area shows the book’s call number is “TK7868.I58 S46 1994,”
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`Copy 1 is at the Library of Congress and Copy 2 is stored offsite. Users can request
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`access to this work at the Jefferson or Adams Building Reading rooms, and the Status
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`of this work is “Not Charged” (meaning available for user request).
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`39.
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` Page 3 and 4 are the MARC record that shows the date of record
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`creation and revision. The first six digits of Field 008 show the MARC record was
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`created on “940110” (i.e., January 10, 1994), and the “s1994” code following this
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`creation date indicates this work has a single publication date of 1994. Field 955
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`records local cataloging activities, and the last note “CIP ver … 05-05-94” indicates
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`Library of Congress catalogers verified the CIP record on May 5, 1994, after the
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`published book was received. Subfield “a” of Field 040 shows “DLC” (i.e., Library
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`of Congress) created the MARC record. Fields 008, 955 and 040 inform my opinion
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`that Library of Congress created a Cataloging-in-Publication MARC record for
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`Ristic on January 10, 1994, before the book was published. After the library received
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`a copy from the publisher on March 14, 1994 (as indicated by the date stamp on
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`EX1010), Library of Congress catalogers used it on May 5, 1994, to verify the CIP
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`record created in January 1994. This MARC record informs my opinion that Ristic
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`became discoverable on January 10, 1994, when the CIP record was created. The
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`
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`20
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`Nintendo Exhibit 1016
`Page 0020
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`

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`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`record was verified on May 5, 1994. A common practice of academic and research
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`libraries is to process a newly cataloged book promptly for public access, usually
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`within a week after the cataloging work is completed. Based on my experience with
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`the collections of Library of Congress, it can take one to three months for a newly
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`cataloged book to become publicly accessible. It is therefore my opinion that the
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`physical copy of Ristic, after processing, would have become publicly accessible no
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`later than August 5, 1994.
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`40. Field 010 of the MARC record (Appendix 1010A) shows the Library
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`of Congress Control Number assigned to Ristic and Field 020 shows the book’s
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`ISBN. Field 245 shows the title and editor statement, Field 260 shows the publisher
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`information and copyright date (“c1994”), Field 300 shows the physical description,
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`Field 504 shows the book contains bibliographical references and an index, and Field
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`700 shows the editor is included to help users discover this work.
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`41.
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` Subjects are represented in Field 050 by a Library of Congress
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`Classification (LCC) number of “TK7868.I58” that represents general works on
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`“Interface circuits” and in Field 082 by a Dewey Decimal Classification (DDC)
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`number of “681/.2” that represents “Testing, measuring, sensing instruments.”
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`Subjects are also represented in Fields 650 by three Library of Congress subject
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`headings: Interface circuits, Detectors |x Design and construction (“|x” indicates a
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`
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`21
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`Nintendo Exhibit 1016
`Page 0021
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`

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`Declaration of Dr. Ingrid Hsieh-Yee
`Petition for Inter Partes Review of
`U.S. Patent No. 6,508,122 B1
`
`topical subdivision), and Semiconductors. These subject representations support
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`users to conduct subject searches to discover this book.
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`42. This MARC record (Appendix 1010A) shows that Ristic was published
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`with a 1994 copyright date. This work became discoverable on January 10, 1994,
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`when the CIP record was created. After the book was published, the CIP record was
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`verified on May 5, 1994. Users would have been able to conduct subject searches by
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`the LCC number, DDC number and Library of Congress subject headings in the
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`MARC record to discover this book. They would also have been able to search for
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`this book by the LCCN, ISBN, title, and editor. This MARC record informs my
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`opinion that Ristic became disco