UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`Halliburton Energy Services, Inc.
`Petitioner,
`
`v.
`
`Adelos, Inc.
` Patent Owner.
`____________
`
`Patent 7,030,971
`___________
`
`
`
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`31 August 2017
`
`HALLIBURTON, Exh. 1013, p. 0001
`
`

`

`TABLE OF CONTENTS
`
`Page
`
`I.
`
`INTRODUCTION ........................................................................................... 1
`
`II. BACKGROUND AND QUALIFICATIONS ................................................. 1
`
`III. PRELIMINARIES ........................................................................................... 3
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS .........................11
`
`Document 1. Toshihiko Yoshino et al., “Common Path Heterodyne Optical
`Fiber Sensors,” Journal of Lightwave Technology. 10,4 (April 1992):
`503-513.
`
`Authentication ......................................................................................................11
`
`Public Accessibility ..............................................................................................12
`
`Conclusion ............................................................................................................14
`
`Document 2. J. K. A. Everard, “Novel Signal Processing Techniques for
`Enhanced OTDR Sensors,” Proceedings, Fiber Optic Sensors II, 31
`March – 3 April 1987, The Hague, The Netherlands, A. M. Scheggi, ed.
`SPIE Volume 798 (Bellingham, WA: SPIE – The International Society
`for Optical Engineering, 1987): 42-46. ......................................................14
`
`Authentication ......................................................................................................14
`
`Public Accessibility ..............................................................................................15
`
`Conclusion ............................................................................................................17
`
`Document 3. D. E. N. Davies, “Method of Phase-Modulating Signals in
`Optical Fibres: Application to Optical-Telemetry Systems,” Electronics
`Letters, 10,2 (24 January 1974): 21-22………………………………….17
`
`Authentication ......................................................................................................17
`
`Public Accessibility ..............................................................................................18
`
`Conclusion ............................................................................................................20
`
`Document 4. A. Dandridge and A. D. Kersey, “Signal Processing for
`Optical Fiber Sensors,” Proceedings, Fiber Optic Sensors II, 31 March
`– 3 April 1987, The Hague, The Netherlands, A. M. Scheggi, ed. SPIE
`
`
`
`HALLIBURTON, Exh. 1013, p. 0002
`
`

`

`Volume 798 (Bellingham, WA: SPIE – The International Society for
`Optical Engineering, 1987): 158-165. .........................................................20
`
`Authentication ......................................................................................................20
`
`Public Accessibility ..............................................................................................21
`
`Conclusion ............................................................................................................23
`
`Document 5. Sally M. Maughan et al., “Simultaneous distributed fibre
`temperature and strain sensor using microwave coherent detection of
`spontaneous Brillouin backscatter,” Measurement Science and
`Technology, 12,7 (July 2001): 834-843…………………….…............….23
`
`Authentication ......................................................................................................23
`
`Public Accessibility ..............................................................................................24
`
`Conclusion ............................................................................................................26
`
`Document 6. Alan D. Kersey, “Multiplexed Fiber Optic Sensors,” in Fiber
`Optic Sensors, Eric Udd, ed., Proceedings of a conference held 8-11
`September 1992, Boston Massachusetts, Critical Reviews of Optical
`Science and Technology, Vol. CR44 (Bellingham, WA: SPIE Optical
`Engineering Press, 1993): 161-185. ............................................................26
`
`Authentication ......................................................................................................26
`
`Public Accessibility ..............................................................................................27
`
`Conclusion ............................................................................................................30
`
`V. ATTACHMENTS ..............................................................................................30
`
`VI. CONCLUSION .................................................................................................31
`
`
`
`-2-
`
`HALLIBURTON, Exh. 1013, p. 0003
`
`

`

`I, Scott Bennett, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have personal knowledge of the facts and opinions set forth in
`
`this declaration, I believe them to be true, and if called upon to do so, I would testify
`
`competently to them. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both.
`
`2.
`
`I am a retired academic librarian working as a Managing Partner of
`
`the firm Prior Art Documentation Services LLC at 711 South Race Street, Urbana,
`
`IL, 61801-4132. Attached as Appendix A is a true and correct copy of my
`
`Curriculum Vitae describing my background and experience. Further information
`
`about my firm, Prior Art Documentation Services LLC, is available at
`
`www.priorartdocumentation.com.
`
`3.
`
`I have been retained by Baker Botts L.L.P. to authenticate and
`
`establish the dates of public accessibility of certain documents in an inter partes
`
`review proceeding for U.S. Patent No. 7,030,971. For this service, I am being paid
`
`my usual hourly fee of $91/hour. My compensation in no way depends on the
`
`substance of my testimony or the outcome of this proceeding.
`
`II. BACKGROUND AND QUALIFICATIONS
`
`4.
`
`
`
`
`
`I was previously employed as follows:
`
`University Librarian, Yale University, New Haven, CT, 1994-2001;
`
`1
`
`HALLIBURTON, Exh. 1013, p. 0004
`
`

`

`
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`
`
`Assistant University Librarian for Collection Management,
`
`Northwestern University, Evanston, IL, 1981-1989;
`
`
`
`Instructor, Assistant, and Associate Professor of Library
`
`Administration, University of Illinois at Urbana-Champaign, Urbana,
`
`IL, 1974-1981; and
`
`
`
`Assistant Professor of English, University of Illinois at Urbana-
`
`Champaign, 1967-1974.
`
`5.
`
`Over the course of my work as a librarian, professor of English,
`
`researcher, and author of nearly fifty scholarly papers and other publications, I have
`
`had extensive experience with catalog records and online library management
`
`systems built around Machine-Readable Cataloging (MARC) standards. I also have
`
`substantial experience in authenticating printed documents and establishing the date
`
`when they were accessible to researchers.
`
`6.
`
`In the course of more than fifty years of academic life, I have
`
`myself been an active researcher. I have collaborated with many individual
`
`researchers and, as a librarian, worked in the services of thousands of researchers at
`
`four prominent research universities. Over the years, I have read some of the
`
`voluminous professional literature on the information seeking behaviors of academic
`
`
`
`2
`
`HALLIBURTON, Exh. 1013, p. 0005
`
`

`

`researchers. And as an educator, I have a broad knowledge of the ways in which
`
`students in a variety of disciplines learn to master the bibliographic resources used in
`
`their disciplines. In all of these ways, I have a general knowledge of how
`
`researchers work.
`
`III. PRELIMINARIES
`
`7.
`
`Scope of this declaration. I am not a lawyer and I am not
`
`rendering an opinion on the legal question of whether any particular document is, or
`
`is not, a “printed publication” under the law.
`
`8.
`
`I am, however, rendering my expert opinion on the authenticity of
`
`the documents referenced herein and on when and how each of these documents was
`
`disseminated or otherwise made available to the extent that persons interested and
`
`ordinarily skilled in the subject matter or art, exercising reasonable diligence, could
`
`have located the documents before 5 August 2003.
`
`9.
`
`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 claims to
`
`be. I am also informed that authenticity can be established based on the contents of
`
`the documents themselves, such as the appearance, contents, substance, internal
`
`patterns, or other distinctive characteristics of the item, taken together with all of the
`
`circumstances. I am further informed that an item is considered authentic if it is at
`
`
`
`3
`
`HALLIBURTON, Exh. 1013, p. 0006
`
`

`

`least 20 years old, in a condition that creates no suspicion of its authenticity, and in a
`
`place where, if authentic, it would likely be.
`
`10.
`
`I am informed by counsel that a given reference is publicly
`
`accessible upon a satisfactory showing that such document has been disseminated or
`
`otherwise made available to the extent that persons interested and ordinarily skilled
`
`in the subject matter or art exercising reasonable diligence, can locate it. I have also
`
`been informed by counsel that materials available in a library constitute printed
`
`publications if they are cataloged and indexed (such as by subject) according to
`
`general library practices that make the references available to members of the
`
`interested public.
`
`11.
`
`Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the documents and attachments referenced herein.
`
`These materials are records created in the ordinary course of business by publishers,
`
`libraries, indexing services, and others. From my years of experience, I am familiar
`
`with the process for creating many of these records, and I know these records are
`
`created by people with knowledge of the information in the record. Further, these
`
`records are created with the expectation that researchers and other members of the
`
`public will use them. All materials cited in this declaration and its attachments are
`
`of a type that experts in my field would reasonably rely upon and refer to in forming
`
`their opinions.
`
`
`
`4
`
`HALLIBURTON, Exh. 1013, p. 0007
`
`

`

`12.
`
`Persons of ordinary skill in the art. I am told by counsel that the
`
`subject matter of this proceeding generally relates to the field of time-domain
`
`reflectometers and more specifically to reflectometers that are part of photonic
`
`system applications in which the object of the reflectometry is a span of optical
`
`fiber.
`
`13.
`
`I have been informed by counsel that a “person of ordinary skill in
`
`the art at the time of the invention” is a hypothetical person who is presumed to be
`
`familiar with the relevant field and its literature at the time of the invention. This
`
`hypothetical person is also a person of ordinary creativity, capable of understanding
`
`the scientific principles applicable to the pertinent field.
`
`14.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art would have (1) a Bachelor of Science in Physics or a relevant
`
`Engineering field and 4 years of fiber optics industry experience, or (2) a Masters or
`
`Doctorate in Physics or a relevant Engineering field and 2 years of fiber optics
`
`industry experience.
`
`15.
`
`It is my opinion that such a person would have been engaged in
`
`academic research, learning though study and practice in the field and possibly
`
`through formal instruction the bibliographic resources relevant to his or her research.
`
`In the 1980s, 1990s, and 2000s, such a person would have had access to a vast array
`
`of long-established print resources in physics and engineering topics relevant to fiber
`
`
`
`5
`
`HALLIBURTON, Exh. 1013, p. 0008
`
`

`

`optics as well as to a rich and fast changing set of online resources providing
`
`indexing information, abstracts, and full text services for physics and engineering
`
`topics relevant to fiber optics.
`
`16.
`
`Library catalog records. Some background on MARC formatted
`
`records, OCLC, WorldCat, and OCLC’s Connexion is needed to understand the
`
`library catalog records discussed in this declaration.
`
`17.
`
`Libraries world-wide use the MARC format for catalog records;
`
`this machine readable format was developed at the Library of Congress in the 1960s.
`
`18.
`
`MARC formatted records provide a variety of subject access points
`
`based on the content of the document being cataloged. All may be found in the
`
`MARC Fields 6XX. For example, MARC Field 600 identifies personal names used
`
`as subjects and the MARC Field 650 identifies topical terms. A researcher might
`
`discover material relevant to his or her topic by a search using the terms employed in
`
`the MARC Fields 6XX.
`
`19.
`
`The MARC Field 040, subfield a, identifies the library or other
`
`entity that created the original catalog record for a given document and transcribed it
`
`into machine readable form. The MARC Field 008 identifies the date when this first
`
`catalog record was entered on the file. This date persists in all subsequent uses of
`
`the first catalog record, although newly-created records for the same document,
`
`
`
`6
`
`HALLIBURTON, Exh. 1013, p. 0009
`
`

`

`separate from the original record, will show a new date. It is not unusual to find
`
`multiple catalog records for the same document.
`
`20.
`
`WorldCat is the world’s largest public online catalog, maintained
`
`by the Online Computer Library Center, Inc., or OCLC, and built with the records
`
`created by the thousands of libraries that are members of OCLC. WorldCat provides
`
`a user-friendly interface for the public to use MARC records; it requires no
`
`knowledge of MARC tags and codes. WorldCat records appear in many different
`
`catalogs, including the Statewide Illinois Library Catalog. The date a given catalog
`
`record was created (corresponding to the MARC Field 008) appears in some detailed
`
`WorldCat records as the Date of Entry.
`
`21.
`
`Whereas WorldCat records are very widely available, the
`
`availability of MARC formatted records varies from library to library.
`
`22.
`
`When an OCLC participating institution acquires a document for
`
`which it finds no previously created record in OCLC, or when the institution chooses
`
`not to use an existing record, it creates a record for the document using OCLC’s
`
`Connexion, the bibliographic system used by catalogers to create MARC records.
`
`Connexion automatically supplies the date of record creation in the MARC Field
`
`008.
`
`23.
`
`Once the MARC record is created by a cataloger at an OCLC
`
`participating member institution, it becomes available to other OCLC participating
`
`
`
`7
`
`HALLIBURTON, Exh. 1013, p. 0010
`
`

`

`members in Connexion and also in WorldCat, where persons interested and
`
`ordinarily skilled in the subject matter or art, exercising reasonable diligence, can
`
`locate it.
`
`24.
`
`When a book has been cataloged, it will normally be made
`
`available to readers soon thereafter—normally within a few days or (at most) within
`
`a few weeks of cataloging.
`
`25.
`
`Publications in series. A library typically creates a MARC catalog
`
`record for a series of closely related publications, such as the proceedings of an
`
`annual conference, when the library receives its first issue. When the institution
`
`receives subsequent issues/volumes of the series, the issues/volumes are checked in
`
`(sometimes using a date stamp), added to the institution’s holdings records, and
`
`made available very soon thereafter—normally within a few days of receipt or (at
`
`most) within a few weeks of receipt.
`
`26.
`
`The initial series record will often not reflect all of the subsequent
`
`changes in publication details (including minor variations in title, etc.).
`
`27.
`
`When a library does not intend systematically to acquire all
`
`publications in a given series, but adds individual volumes of the series to its
`
`collections, the library will typically treat each such volume as an individual book,
`
`or monograph. In this case, the 008 Field MARC will record the date when the
`
`record for that individual volume, not the series, was created.
`
`
`
`8
`
`HALLIBURTON, Exh. 1013, p. 0011
`
`

`

`28.
`
`It is sometimes possible to find both a series and a monograph
`
`library catalog record for the same publication.
`
`29.
`
`Periodical publications. A library typically creates a catalog
`
`record for a periodical publication when the library receives its first issue. When the
`
`institution receives subsequent issues/volumes of the periodical, the issues/volumes
`
`are checked in (often using a date stamp), added to the institution’s holdings records,
`
`and made available very soon thereafter—normally within a few days of receipt or
`
`(at most) within a few weeks of receipt.
`
`30.
`
`The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations in title, etc.).
`
`31.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for relevant
`
`information in an index of periodical and other publications. Having found relevant
`
`material, the researcher will then normally obtain it online, look for it in libraries, or
`
`purchase it from the publisher, a bookstore, a document delivery service, or other
`
`provider. Sometimes, the date of a document’s public accessibility will involve both
`
`indexing and library date information. Date information for indexing entries is,
`
`however, often unavailable. This is especially true for online indices.
`
`
`
`9
`
`HALLIBURTON, Exh. 1013, p. 0012
`
`

`

`32.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to service.
`
`33.
`
`Online indexing services commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with a
`
`list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document. A citation of a document is
`
`evidence that the document was publicly available and in use by researchers no later
`
`than the publication date of the citing document.
`
`34.
`
`35.
`
`Prominent indexing services include:
`
`SPIE Digital Library. Produced by the International Society for
`
`Optical Engineering (originally the Society of Photographic Instrumentation
`
`Engineers), this data base includes the newsletters, journals, and conference
`
`proceedings of the organization. More than 400,000 articles make up the database
`
`with 18,000 new research papers added each year.
`
`36.
`
`Scopus. Produced by Elsevier, a major publisher, Scopus is the
`
`largest database of abstracts and citations of peer-reviewed literature. Its scope
`
`includes the social sciences, science, technology, medicine, and the arts. It includes
`
`60 million records from more than 21,500 titles from some 5,000 international
`
`
`
`10
`
`HALLIBURTON, Exh. 1013, p. 0013
`
`

`

`publishers. Coverage includes 360 trade publications, over 530 book series, more
`
`than 7.2 million conference papers, and 116,000 books. Records date from 1823.
`
`37.
`
`Google Scholar. Google Scholar indexes the texts and metadata of
`
`scholarly publications across a wide range of disciplines. It includes most peer-
`
`reviewed online academic journals, conference papers, theses, technical reports, and
`
`other material. Google does not publish the size of the Google Scholar database, but
`
`researchers have estimated that it contained approximately 160 million items in 2014
`
`(Enrique Oduña-Malea, et al., “About the size of Google Scholar: playing the
`
`numbers,” Granada: EC3 Working Papers, 1B: 23 July 2014, available at
`
`https://arxiv.org/ftp/arxiv/papers/1407/1407.6239.pdf).
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS
`
`Document 1. Toshihiko Yoshino et al., “Common Path Heterodyne Optical
`Fiber Sensors,” Journal of Lightwave Technology. 10,4 (April 1992): 503-513.
`
`Authentication
`
`38.
`
`Document 1 is a research paper by Toshihiko Yoshinto and others
`
`published in the April 1992 issue of the Journal of Lightwave Technology.
`
`39.
`
`Attachment 1a is a true and accurate copy of Document 1 (along
`
`with the issue cover and publication information page) from the University of
`
`Illinois at Urbana-Champaign Library. Attachment 1b is a true and accurate copy of
`
`the University of Illinois at Urbana-Champaign Library catalog record for the
`
`
`
`11
`
`HALLIBURTON, Exh. 1013, p. 0014
`
`

`

`Journal of Lightwave Technology, showing holdings that include Volume 10, No 4
`
`of this periodical.
`
`40.
`
`Attachment 1a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Document 1 is not missing any intermediate pages of the
`
`article’s text, the text on each page appears to flow seamlessly from one page to the
`
`next, and there are no visible alterations to the document. Attachment 1a was found
`
`within the custody of a library – a place where, if authentic, it would likely be found.
`
`41.
`
`Document 1 is also readily available online. Attachment 1c is a
`
`true and accurate copy of the IEEE Xplore Digital Library index record for
`
`Document 1. Attachment 1d is a true and accurate copy of Document 1 from the
`
`IEEE Xplore Digital Library—a place where, if authentic, Document 1 would likely
`
`be found.
`
`42.
`
`I conclude, based on finding Document 1 in a library and online
`
`and on finding library catalog records and online records for Document 1, that
`
`Document 1 is an authentic document and that Attachment 1a is an authentic copy of
`
`Document 1.
`
`Public Accessibility
`
`43.
`
`Attachment 1e is a true and accurate copy of the Statewide Illinois
`
`Library Catalog record for the Journal of Lightwave Technology, showing this
`
`periodical was first published in 1983 and is held by 384 libraries world-wide.
`
`
`
`12
`
`HALLIBURTON, Exh. 1013, p. 0015
`
`

`

`Attachment 1e also indicates that the Journal of Lightwave Technology was
`
`cataloged or indexed in a meaningful way—including being cataloged by subject.
`
`Thus, in my opinion, the Journal of Lightwave Technology was sufficiently
`
`accessible to the public interested in the art. An ordinarily skilled researcher,
`
`exercising reasonable diligence, would have had no difficulty finding copies of the
`
`Journal of Lightwave Technology.
`
`44.
`
`Attachment 1a, from the University of Illinois at Urbana-
`
`Champaign Library, includes a library date stamp indicating that the April 1992
`
`issue of the Journal of Lightwave Technology was processed on 5 May 1992. Based
`
`on my experience, I affirm this date stamp has the general appearance of date stamps
`
`that libraries have long affixed to periodicals in processing them. I do not see any
`
`indications or have any reason to believe this date stamp was affixed by anyone
`
`other than library personnel on or about the date indicated by the stamp.
`
`45.
`
`Allowing for some time between the date stamp on the April 1992
`
`issue of the Journal of Lightwave Technology and its appearance on library shelves,
`
`where it would be publicly available, it is my opinion that Document 1 was publicly
`
`available at least by June 1992.
`
`46.
`
`Attachment 1f is a true and accurate copy of the IEEE Xplore
`
`Digital Library index record identifying 19 documents citing Document 1. One
`
`citing document is by Ti-ing Su and Likarn Wang, “A cutback method for measuring
`
`
`
`13
`
`HALLIBURTON, Exh. 1013, p. 0016
`
`

`

`low linear fibre birefringence using an electro-optical modulator,” Optical and
`
`Quantum Electronics, 28,1 (October 1996): 1395-1405. Attachment 1g is a true and
`
`accurate copy of the SpringerLink index record for the Su and Wang paper, showing
`
`Document 1 as the 4th item in its list of references.
`
`Conclusion
`
`47.
`
`Based on the evidence presented here—publication in the widely
`
`held periodical, online indexing and publication, library processing, and citation—it
`
`is my opinion that Document 1 is an authentic document that was publicly available
`
`to researchers at least by June 1992. The citation evidence presented here indicates
`
`that Document 1 was in actual use by researchers at least by October 1996.
`
`Document 2. J. K. A. Everard, “Novel Signal Processing Techniques for
`Enhanced OTDR Sensors,” Proceedings, Fiber Optic Sensors II, 31 March –
`3 April 1987, The Hague, The Netherlands, A. M. Scheggi, ed. SPIE Volume
`798 (Bellingham, WA: SPIE – The International Society for Optical
`Engineering, 1987): 42-46.
`
`Authentication
`
`48.
`
`Document 2 is a paper given by J. K. A. Everard at the 1987
`
`Fourth International Symposium on Optical and Optoelectronic Applied Science and
`
`Engineering, 30 March - 3 April 1987, at The Hague, and published in 1987 in the
`
`proceedings of that symposium.
`
`49.
`
`Attachment 2a is a true and accurate copy of Document 2, along
`
`with the title page and other front matter, contents pages, and symposium
`
`information pages of the conference proceedings in which Document 2 was
`
`
`
`14
`
`HALLIBURTON, Exh. 1013, p. 0017
`
`

`

`published. Attachment 2 is from the University of Illinois at Urbana-Champaign
`
`Library. Attachment 2b is a true and accurate copy of that library’s catalog record,
`
`in MARC format, for the proceedings of Fiber Optic Sensors II, in which Document
`
`4 was published.
`
`50.
`
`Attachment 2a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, the text of Document 2 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. Attachment 2a was found
`
`within the custody of a library – a place where, if authentic, it would likely be found.
`
`51.
`
`Document 2 is also readily identified online. Attachment 2c is a
`
`true and accurate copy of the SPIE Digital Library index record for Document 2.
`
`Document 2 is available for purchase from the SPIE Digital Library.
`
`52.
`
`Based on finding Document 2 in a library and online and on
`
`finding library catalog and online index records for Document 2, I conclude that
`
`Document 2 is an authentic document and that Attachment 2a is an authentic copy of
`
`Document 2.
`
`Public Accessibility
`
`53.
`
`Document 1 entered the realm of public discourse when it was
`
`presented at Session 1 on Distributed Sensors at the Fourth International Symposium
`
`on Optical and Optoelectronic Applied Science and Engineering, 30 March - 3 April
`
`
`
`15
`
`HALLIBURTON, Exh. 1013, p. 0018
`
`

`

`1987, at The Hague. The scope of the conference is suggested by the 44 papers and
`
`19 posters presented there, as indicated by the contents pages in Attachment 2a.
`
`54.
`
`Attachment 2d is a true and accurate copy of the Statewide Illinois
`
`Library Catalog record for Fiber Optic Sensors II, in which Document 2 was
`
`published, showing this conference proceedings is held by 92 libraries world-wide.
`
`Attachment 2d also indicates that the Fiber Optic Sensors II conference proceedings
`
`was cataloged or indexed in a meaningful way—including being cataloged by
`
`subject. Thus, in my opinion, the Fiber Optic Sensors II conference proceedings, in
`
`which Document 2 was published, was sufficiently accessible to the public
`
`interested in the art. An ordinarily skilled researcher, exercising reasonable
`
`diligence, would have had no difficulty finding copies of the Fiber Optic Sensors II
`
`conference proceedings.
`
`55.
`
`In Attachment 2b, the University of Illinois at Urbana-Champaign
`
`Library catalog record for Document 2, the MARC Field 008 indicates this catalog
`
`record was created on 10 November 1987. Allowing for some time between
`
`cataloging Document 2 and its appearance on library shelves, where it would be
`
`publicly available, it is my opinion that Document 2 was publicly available at least
`
`by December 1987.
`
`56.
`
`Attachment 2e is a true and accurate copy of a Google Scholar list
`
`of 26 publications citing Document 2. One citing document is by A. D. Kersey and
`
`
`
`16
`
`HALLIBURTON, Exh. 1013, p. 0019
`
`

`

`A. Dandridge, “Distributed and multiplexed fibre-optic sensor systems,” Journal of
`
`the Institution of Electric and Radio Engineers 58,5S (July-August 1988): S99-S111.
`
`Attachment 2f is a true and accurate copy of the IET [Institute of Engineering
`
`Technology] Digital Library index record for the Kersey and Dandridge paper,
`
`showing Document 2 as the 51st item in its list of references.
`
`Conclusion
`
`57.
`
`Based on the evidence presented here—presentation at prominent
`
`conference and publication in the conference proceedings, library cataloging, online
`
`indexing and publication, library processing, and citation—it is my opinion that
`
`Document 2 was available to the public in at least one library by December 1987.
`
`The citation evidence presented here indicates that Document 2 was in actual use by
`
`researchers by August 1988.
`
`Document 3. D. E. N. Davies, “Method of Phase-Modulating Signals in Optical
`Fibres: Application to Optical-Telemetry Systems,” Electronics Letters, 10,2
`(24 January 1974): 21-22.
`
`Authentication
`
`58.
`
`Document 3 is a research paper by D. E. N. Davies published in
`
`the 24 January 1974 issue of Electronics Letters.
`
`59.
`
`Attachment 3a is a true and accurate copy of Document 3 (along
`
`with the issue cover and publication information page) from the Linda Hall Library.
`
`Attachment 3b is a true and accurate copy of the Linda Hall Library catalog record
`
`
`
`17
`
`HALLIBURTON, Exh. 1013, p. 0020
`
`

`

`for Electronics Letters, showing holdings for Volumes 1-34, including therefore
`
`Volume 10, No 2 of this periodical, in which Document 3 was published.
`
`60.
`
`Attachment 3a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Document 3 is not missing any intermediate pages of the
`
`article’s text, the text on each page appears to flow seamlessly from one page to the
`
`next, and there are no visible alterations to the document. Attachment 3a was found
`
`within the custody of a library – a place where, if authentic, it would likely be found.
`
`61.
`
`Document 3 is also readily available online. Attachment 3c is a
`
`true and accurate copy of the Scopus index record for Document 3. Attachment 3d
`
`is a true and accurate copy of Document 3 from the IEEE Xplore Digital Library—a
`
`place where, if authentic, Document 3 would likely be found.
`
`62.
`
`I conclude, based on finding Document 3 in a library and online
`
`and on finding library catalog records and online records for Document 3, that
`
`Document 3 is an authentic document and that Attachment 3a is an authentic copy of
`
`Document 3.
`
`Public Accessibility
`
`63.
`
`Attachment 3e is a true and accurate copy of the Statewide Illinois
`
`Library Catalog record for Electronics Letters, showing this periodical was first
`
`published in 1965 and is held by 482 libraries world-wide. Attachment 3e also
`
`indicates that Electronics Letters was cataloged or indexed in a meaningful way—
`
`
`
`18
`
`HALLIBURTON, Exh. 1013, p. 0021
`
`

`

`including being cataloged by subject. Thus, in my opinion, Electronics Letters was
`
`sufficiently accessible to the public interested in the art. An ordinarily skilled
`
`researcher, exercising reasonable diligence, would have had no difficulty finding
`
`copies of Electronics Letters.
`
`64.
`
`Attachment 3a, from the Linda Hall Library, includes a library date
`
`stamp indicating that the 24 January 1974 issue of Electronics Letters was processed
`
`on 4 March 1974. Based on my experience, I affirm this date stamp has the general
`
`appearance of date stamps that libraries have long affixed to periodicals in
`
`processing them. I do not see any indications or have any reason to believe this date
`
`stamp was affixed by anyone other than library personnel