UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ERICSSON INC. AND
`TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioners
`
`v.
`
`INTELLECTUAL VENTURES I LLC
`Patent Owner
`
`____________
`
`Case No. Unassigned
`Patent 6,628,629
` ____________
`
`DECLARATION OF SYLVIA HALL-ELLIS, PH.D.
`
`Ericsson Exhibit 1017
`Page 1
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`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ERICSSON INC. AND
`TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioners
`
`v.
`
`INTELLECTUAL VENTURES I LLC
`Patent Owner
`
`____________
`
`Case No. Unassigned
`Patent 6,628,629
` ____________
`
`DECLARATION OF SYLVIA HALL-ELLIS, PH.D.
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`Ericsson Exhibit 1017
`Page 1
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`I.
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`INTRODUCTION
`1.
`My name is Sylvia Hall-Ellis. I have been retained as an expert by
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`Ericsson, Inc. and Telefonaktiebolaget LM Ericsson.
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`2.
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`I have written this report at the request of Ericsson, Inc. and
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`Telefonaktiebolaget LM Ericsson to provide my expert opinion regarding the
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`public availability and authenticity of published papers and articles. My report sets
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`forth my opinions in detail and provides the basis for my opinions regarding the
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`public availability and authenticity of these publications.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response to any additional evidence, testimony, discovery, argument,
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`and/or other additional information that may be provided to me after the date of
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`this report.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $300 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`report, the substance of my opinions, or the outcome of this litigation. I have no
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`other interests in this proceeding or with any of the parties.
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`5.
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`All of the materials that I considered are discussed explicitly in this
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`declaration.
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`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at
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`San José State University. I obtained a Masters of Library Science from the
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`University of North Texas in 1972 and a Ph.D. in Library Science from the
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`University of Pittsburgh in 1985. Over the last forty years, I have held various
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`positions in the field of library and information resources. I was first employed as
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`a librarian in 1966, and have been involved in the field of library sciences since,
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`holding numerous positions.
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`7.
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`I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division, and I
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`served on the Committee on Cataloging: Resource and Description (which wrote
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`the new cataloging rules) and as the chair of the Committee for Education and
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`Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group. I also served as the Chair of the ALCTS Division’s
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`Task Force on Competencies and Education for a Career in Cataloging.
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`Additionally, I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity.
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`8.
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`I have also given over one hundred presentations in the field,
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`including several on library cataloging systems and Machine-Readable Cataloging
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`3
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`Ericsson Exhibit 1017
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`9.
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`My full curriculum vitae is attached hereto as Attachment 1c.
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`III. LIBRARY CATALOGING PRACTICES
`10.
`I am fully familiar with the library cataloging standard known as the
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information.1 MARC was first developed in the 1960’s
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`by the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for each of its items. Today, MARC is the
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`primary communications protocol for the transfer and storage of bibliographic
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`metadata in libraries.2
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`1 The full text of the standard is available from the Library of Congress at
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`http://www.loc.gov/marc/bibliographic/.
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`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
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`Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
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`https://www.loc.gov/marc/faq.html (last visited January 24, 2018) (“MARC is the
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`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
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`from a Library of Congress-led initiative that began nearly forty years ago. It
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`11. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follows. For example, a
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`work’s title is recorded in field 245, the primary author of the work is recorded in
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`field 100, an item’s International Standard Book Number (“ISBN”) is recorded in
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`field 020, an item’s Library of Congress call number is recorded in field 050, and
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`the publication date is recorded in field 260 under the subfield “c.” If a work is a
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`periodical, then its publication frequency is recorded in field 310, and the
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`publication dates (e.g., the first and last publication) are recorded in field 362,
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`which is also referred to as the enumeration/chronology field.
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`12.
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`The library that created the record is recorded in field 040 in subfield
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`“a” with a unique library code. When viewing the MARC record online via Online
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`Computer Library Center’s (“OCLC”) Connexion database, hovering over this
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`provides the mechanism by which computers exchange, use, and interpret
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`bibliographic information, and its data elements make up the foundation of most
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`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
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`2009) standard for Information Interchange Format.
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`code with the mouse reveals the full name of the library. I used this method of
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`“mousing over” the library codes in the OCLC database to identify the originating
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`library for the MARC records discussed in this report. Where this “mouse over”
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`option was not available, I consulted the Directory of OCLC Libraries in order to
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`identify the institution that created the MARC record.3
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`13. MARC records also include several fields that include subject matter
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`classification information. An overview of MARC record fields is available
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`through the Library of Congress at http://www.loc.gov/marc/bibliographic/. For
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`example, 6XX fields are termed “Subject Access Fields.” See
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`http://www.loc.gov/marc/bibliographic/bd6xx.html. Among these, for example, is
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`the 650 field; this is the “Subject Added Entry – Topical Term” field. See
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`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a “[s]ubject
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`added entry in which the entry element is a topical term.” Id. These entries “are
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`assigned to a bibliographic record to provide access according to generally
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`accepted thesaurus-building rules (e.g., Library of Congress Subject Headings
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`(LCSH), Medical Subject Headings (MeSH)).” Id. Further, MARC records
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`3 http://www.oclc.org/contacts/libraries.en.html.
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`include call numbers, which themselves include a classification number. For
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`example, the 050 field is the “Library of Congress Call Number.” See
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`http://www.loc.gov/marc/bibliographic/bd050.html. A defined portion of the
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`Library of Congress Call Number is the classification number, and “source of the
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`classification number is Library of Congress Classification and the LC
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`Classification-Additions and Changes.” Id. Thus, included in the 050 field is a
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`subject matter classification. Each item in a library has a single classification
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`number. A library selects a classification scheme (e.g., the Library of Congress
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`Classification scheme just described or a similar scheme such as the Dewey
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`Decimal Classification scheme) and uses it consistently. When the Library of
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`Congress assigns the classification number, it appears as part of the 050 field. If a
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`local library assigns the classification number, it appears in a 090 field. In either
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`scenario, the MARC record includes a classification number that represents a
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`subject matter classification.
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`14.
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`The OCLC was created “to establish, maintain and operate a
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`computerized library network and to promote the evolution of library use, of
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`libraries themselves, and of librarianship, and to provide processes and products
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`for the benefit of library users and libraries, including such objectives as increasing
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`availability of library resources to individual library patrons and reducing the rate
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`of rise of library per-unit costs, all for the fundamental public purpose of furthering
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`ease of access to and use of the ever-expanding body of worldwide scientific,
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`literary and educational knowledge and information.”4 Among other services,
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`OCLC and its members are responsible for maintaining the WorldCat database
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`(http://www.worldcat.org/), used by independent and institutional libraries
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`throughout the world.
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`15. OCLC also provides its members online access to MARC records
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`through its OCLC Connexion database. When an OCLC member institution
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`acquires a work, it creates a MARC record for this work in its computer catalog
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`system in the ordinary course of its business. MARC records created at the Library
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`of Congress are tape-loaded into the OCLC database through a subscription to
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`MARC Distribution Services daily or weekly. Once the MARC record is created
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`by a cataloger at an OCLC member institution or is tape-loaded from the Library
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`of Congress, the MARC record is then made available to any other OCLC
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`4 Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library Center, Incorporated (available at http://www.oclc.org/en-
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`US/councils/documents/amended_articles.html).
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`8
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`members online, and therefore made available to the public. Accordingly, once the
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`MARC record is created by a cataloger at an OCLC member institution or is tape-
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`loaded from the Library of Congress or another library anywhere in the world, any
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`publication corresponding to the MARC record has been cataloged and indexed
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`according to its subject matter such that a person interested in that subject matter
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`could, with reasonable diligence, locate and access the publication through any
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`library with access to the OCLC Connexion database or through the Library of
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`Congress.
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`16. When an OCLC member institution creates a new MARC record,
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`OCLC automatically supplies the date of creation for that record. The date of
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`creation for the MARC record appears in the fixed field (008), characters 00
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`through 05. The MARC record creation date reflects the date on which the item
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`was first acquired or cataloged. Initially, field 005 of the MARC record is
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`automatically populated with the date the MARC record was created in year,
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`month, day format (YYYYMMDD) (some of the newer library catalog systems
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`also include hour, minute, second (HHMMSS)). Thereafter, the library’s computer
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`system may automatically update the date in field 005 every time the library
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`updates the MARC record (e.g., to reflect that an item has been moved to a
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`different shelving location within the library). Field 005 is visible when viewing a
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`MARC record via an appropriate computerized interface, but when a MARC
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`record is printed to hardcopy, no “005” label appears. The initial field 005 date
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`(i.e., the date the MARC record was created) does appear, however, next to the
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`label “Entered.”5 The date upon which the most recent update to field 005
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`occurred also appears, next to the label “Replaced.” Thus, when an item’s MARC
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`record has been printed to hardcopy—as is the case with the exhibits to this
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`report—the date reflected next to the label “Entered” is on the date the library first
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`cataloged and indexed the underlying item.
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`17. Once one library has cataloged and indexed a publication by creating
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`a MARC record for that publication, other libraries that receive the publication do
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`not create additional MARC records—the other libraries instead rely on the
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`original MARC record. They may update or revise the MARC record to ensure
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`accuracy, but they do not replace or duplicate it. This practice does more than save
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`libraries from duplicating labor. It also enhances the accuracy of MARC records.
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`Further, it allows librarians around the world to know that a particular MARC
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`5
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`In this report, I sometimes refer to the “Entered” entry as field 008, characters
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`00-05.
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`record is authoritative (in contrast, a hypothetical system wherein duplicative
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`records were created would result in confusion as to which record is authoritative).
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`18.
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`The date of creation of the MARC record by a cataloger at an OCLC
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`member institution reflects when the underlying item is accessible to the public.
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`Upwards of two-thirds to three-quarters of book sales to libraries come from a
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`jobber or wholesaler for online and print resources. These resellers make it their
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`business to provide books to their customers as fast as possible, often providing
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`turnaround times of only a single day after publication. Libraries purchase a
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`significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
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`libraries make these purchases throughout the year as the books are published and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
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`within just a few days of publication.
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`19. Catalogers can create MARC records for all types of print, online, and
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`digital resources. For example, MARC records cover serial publications, including
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`both serially-published monographs and journals. OCLC hosts MARC records for
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`more than 320 million serial publications. Serial publications are those
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`publications that have the same collective title but are intended to be continued
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`indefinitely with enumeration such as a volume or issue number (e.g., magazines,
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`journals, etc.). In the OCLC Connexion database, the first issue of the serial
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`publication is typically cataloged (i.e., a corresponding MARC record is created),
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`but the date is left open-ended with the use of a punctuation mark such as a dash.
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`OCLC serial publication MARC records represent the entire run of the serial title.
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`With knowledge of the first issue published, future issues can be predicted based
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`on the information provided in the MARC record, for example in field 362. In my
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`extensive professional experience, is it highly unusual for a library to stop
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`collecting and shelving a serial publication prior to the end of its publication run.
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`If a subscription to a serial publication ends its run or is cancelled before the end of
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`its run, the library will denote that it has stopped receiving new volumes by filling
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`in the end date in the MARC record.
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`20. When individual issues of a serial publication are received by a
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`library, the individual issue is indexed, added to library holdings records, and made
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`available for library visitors. Typically, individual issues are available within a
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`few days of receipt by the library—or at most a few weeks. The issue is checked
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`in and then processed so that it can be placed out in a public area for patrons. The
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`foregoing process has been standard library practice longer than I have been
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`working in the profession. I first learned the steps in the process in the late 1970s
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`and later supervised it. Although the checking in process has become automated
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`and now links electronically to holdings records for the MARC record for each
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`serial title, the manual stamping and placing the issue in a public area has not
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`changed for 50 years. Unless I note otherwise below in reference to a specific
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`serial publication, it is my expert opinion that this standard protocol was followed
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`for each of the serial publications discussed below.
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`21.
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`In preparing this report, I used authoritative databases, such as the
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`OCLC Connexion database and the Library of Congress Online Catalog, to
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`confirm citation details of the various publications discussed. Unless I note
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`otherwise below in reference to a specific serial publication, it is my expert opinion
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`that this standard protocol was followed for each of the serial publications
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`discussed below.
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`IV. PRELIMINARIES
`22.
`Scope of this declaration. I am not an attorney and will not offer
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`opinions on the law. I am, however, rendering my expert opinion on the
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`authenticity of the documents referenced herein and on when and how each of
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`these documents was disseminated or otherwise made available to the extent that
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`persons interested and ordinarily skilled in the subject matter or art, exercising
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`reasonable diligence, could have located the documents before July 9, 1998.
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`23.
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`I am informed by counsel that a printed publication qualifies as
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`publicly accessible as of the date it was disseminated or otherwise made available
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`such that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`24. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it (i.e., I understand that
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`cataloging and indexing by a library is sufficient, though there are other ways that
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`a printed publication may qualify as publicly accessible). One manner of sufficient
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`indexing is indexing according to subject matter category. I understand that the
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`cataloging and indexing by a single library of a single instance of a particular
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`printed publication is sufficient, even if the single library is in a foreign country. I
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`understand that, even if access to a library is restricted, a printed publication that
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`has been cataloged and indexed therein is publicly accessible so long as a
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`presumption is raised that the portion of the public concerned with the relevant
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`subject matter would know of the printed publication. I also understand that the
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`cataloging and indexing of information that would guide a person interested in the
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`relevant subject matter to the printed publication, such as the cataloging and
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`indexing of an abstract for the printed publication, is sufficient to render the
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`printed publication publicly accessible.
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`25.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible.
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`26.
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`Persons of ordinary skill in the art. I am told by counsel that the
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`subject matter of this proceeding relates to telecommunication networks.
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`27.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`hypothetical person is also a person of ordinary creativity, capable of
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`understanding the scientific principles applicable to the pertinent field.
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`28.
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`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would have had a B.S. in Electrical Engineering or a related field with
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`three years of experience in the field of telecommunication networks.
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`29.
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`It is my opinion that such a person would have been engaged in
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`research, learning through study and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. In the
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`1980s and 1990s such a person would have had access to a vast array of long-
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`established print resources in electrical engineering as well as to a rich set of online
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`resources providing indexing information, abstracts, and full text services for
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`electrical engineering, including in the field of wireless communication systems.
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`V.
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`Document 1 – Dyson
`30. Attached hereto as Exhibit 1004 is a true and correct copy of the
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`conference paper titled “A Dynamic Packet Reservation Multiple Access Scheme
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`for Wireless ATM” by Deborah A. Dyson and Zygmunt J. Haas (hereafter called
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`“Dyson”) on pages 687-693 in the MILCOM '97 Proceedings and issued in three
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`volumes by IEEE in 1997. Exhibit 1004 includes the title page, title page verso,
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`preface, table of contents, and the Dyson paper. I obtained this paper from the
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`University of Illinois at Urbana-Champaign Library and made the copies which
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`comprise Exhibit 1004. Specifically, the text of the Dyson paper in Exhibit 1004 is
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`complete; no pages are missing; and, further, there are no visible alterations to the
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`document. Exhibit 1004 was found within the custody of a library – a place where,
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`if authentic, a copy of this paper would likely be. Exhibit 1004 is a true and
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`correct copy in a condition that creates no suspicion about its authenticity.
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`31. Attached hereto as Attachment 1a is a true and correct copy of the
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`MARC record for Ex. 1004 at the University of Illinois at Urbana-Champaign
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`Library. Based on finding a print copy of Exhibit 1004 in the University of Illinois
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`at Urbana-Champaign Library and record in its online library catalog, it is my
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`opinion that “A Dynamic Packet Reservation Multiple Access Scheme for
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`Wireless ATM” by Deborah A. Dyson and Zygmunt J. Haas on pages 687-693 in
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`the MILCOM '97 Proceedings was available from the University of Illinois at
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`Urbana-Champaign Library.
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`32.
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`Exhibit 1004 has a call number for the Grainger Engineering Library
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`affixed at the University of Illinois at Urbana-Champaign Library. The MARC
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`record for Exhibit 1004 from the Grainger Engineering Library, attached as
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`Attachment 1a, indicates that the MILCOM ’97 Proceedings were cataloged on
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`January 5, 1998. Therefore, the Dyson conference paper was publicly available no
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`later than January 5, 1998, because the proceedings had been cataloged and
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`indexed at the University of Illinois at Urbana-Champaign Library and made part
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`of its online catalog database.
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`33. Attached hereto as Attachment 1b is a true and correct copy of the
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`MARC record for the MILCOM ’97 Proceedings obtained from the OCLC
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`Connexion database. As previously noted, the library that created the record is
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`recorded in field 040 with a unique library code. For Exhibit 1004, that library
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`code is “DLC,” which means that the MARC record for this serial was cataloged at
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`the Library of Congress. As can be seen in the “Entered” field in MARC record
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`for this exhibit, a cataloger at the Library of Congress created OCLC record
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`number 38153508 on July 8, 1997. Attachment 1b further includes an entry in
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`field 050 (“UA940 ‡b .M537 1997”)—as described above, this includes a subject
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`matter classification number consistent with the Library of Congress classification
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`system (analogous to the Dewey Decimal System). Attachment 1b further includes
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`an entry in field 082 (“358.240973”), a subject matter consistent with the Dewey
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`Decimal System. Attachment 1b further includes four English language field 650
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`entries reading “Communications, Military ‡v Congresses,” “United States,”
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`“Electronics in military engineering ‡v Congresses,” and “Artificial satellites in
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`telecommunication ‡v Congresses.” Thus, as of its cataloging, the publication
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`corresponding to the MARC record attached hereto as Attachment 1b was indexed
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`according to its subject matter by virtue of at least three independently sufficient
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`classifications: the field 050 entry, the field 082 entry, and the field 650 entries.
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`Further, as of July 8, 1997, the MARC record attached hereto as Attachment 1b
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`was accessible through any library with access to the OCLC Connexion database
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`or the online catalog at a library regularly subscribed to this set of proceedings,
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`which means that the corresponding publication was publicly available on or
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`before that same date through any library with access to the OCLC Connexion
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`database or through an individual library.
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`34. Attachment 1b indicates that the MILCOM ’97 Proceedings as
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`cataloged by the cataloger for the Library of Congress is currently available from
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`84 libraries. In view of Attachment 1b, the MILCOM ’97 Proceedings set was
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`publicly available no later than July 8, 1997, because by that date it had been
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`cataloged and indexed at the Library of Congress and made part of the OCLC
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`Connexion database. For these reasons, I find that Exhibit 1004 was published and
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`accessible to the public no later than July 8, 1997.
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`VI. Document 2 -- Goodman
`
`35. Document 2 is a copy of Volume 37, Number 8 of the IEEE
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`Transactions on Communications found in the University of Illinois at Urbana-
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`Champaign Library. The article “Packet Reservation Multiple Access for Local
`
`Wireless Communications” by D. J. Goodman, R. A. Valenzuela, K. T. Gayliard,
`
`and B. Ramamurthi (hereinafter called “Goodman”) appears on pages 885-890 of
`
`this issue. The exhibit filed in this proceeding as Exhibit 1008 is a true and correct
`
`copy of the issue cover, table of contents, and the article. I obtained this copy of
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`the article from the University of Illinois at Urbana-Champaign Library and made
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`the copies which comprise Exhibit 1008. Specifically, the text of the article is
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`complete; no pages are missing, and the text on each page appears to flow
`
`19
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`seamlessly from one page to the next; further, there are no visible alterations to the
`
`document. Exhibit 1008 was found within the custody of a library – a place where,
`
`if authentic, a copy of this journal would likely be. Exhibit 1008 is a true and
`
`correct copy in a condition that creates no suspicion about its authenticity.
`
`36. Attached hereto as Attachment 2a is a true and correct copy of the
`
`MARC record for Ex. 1008 at the University of Illinois at Urbana-Champaign
`
`Library. Based on finding a print copy of Exhibit 1008 in the University of Illinois
`
`at Urbana-Champaign Library and record in its online library catalog, it is my
`
`opinion
`
`that “Packet Reservation Multiple Access
`
`for Local Wireless
`
`Communications” by D. J. Goodman et. al. published in the IEEE Transactions on
`
`Communications was available from the University of Illinois at Urbana-
`
`Champaign Library.
`
`37.
`
`Exhibit 1008 has a receipt stamp affixed at the University of Illinois –
`
`Urbana-Champaign Library which indicates that the August, 1989, issue arrived on
`
`August 7, 1989. As noted in the holdings information, the University of Illinois at
`
`Urbana-Champaign Library has
`
`received
`
`the
`
`IEEE Transactions on
`
`Communications since the publication began in 1953 and received the print edition
`
`until 2006; the library continues to receive the publication digitally. In view of the
`
`MARC record for Exhibit 1008, the Goodman article was publicly available no
`
`20
`
`Ericsson Exhibit 1017
`Page 20
`
`
`
`later than August 7, 1989, because the serial title had been cataloged and indexed
`
`at the University of Illinois at Urbana-Champaign Library and made part of its
`
`online catalog database.
`
`38. Attached hereto as Attachment 2b is a true and correct copy of the
`
`MARC record for the IEEE Transactions on Communications obtained from the
`
`OCLC Connexion database. As previously noted, the library that created the
`
`record is recorded in field 040 with a unique library code. For Exhibit 1008, that
`
`library code is “DLC,” which means that the MARC record for this serial was
`
`cataloged at the Library of Congress. As can be seen in the “Entered” field in
`
`MARC record for this exhibit, a cataloger for the Library of Congress created
`
`OCLC record number 1785858 on July 5, 1973. The “BLvl” entry in Attachment
`
`2b is “s,” which indicates that the IEEE Transactions on Communications is a serial
`
`publication. Field 310 of Attachment 2b reads “Monthly.” Accordingly, the
`
`MARC record for Exhibit 1008 corresponds to those issues of the IEEE
`
`Transactions on Communications from its inception in 1972, to the present day.
`
`Attachment 2b further includes an entry in field 050 (“TK5101.A1 ‡b I2”)—as
`
`described above, this includes a subject matter classification number consistent
`
`with the Library of Congress classification system (analogous to the Dewey
`
`Decimal System). Attachment 2b further includes an entry in field 082
`
`21
`
`Ericsson Exhibit 1017
`Page 21
`
`
`
`(“621.3805”), a subject matter consistent with the Dewey Decimal System.
`
`Attachment 2b further includes an English language field 650 entry reading
`
`“Telecommunication ‡v Periodicals.” Thus, as of its cataloging, the publication
`
`corresponding to the MARC record attached hereto as Attachment 2b was indexed
`
`according to its subject matter by virtue of at least three independently sufficient
`
`classifications: the field 050 entry, the field 082 entry, and the field 650 entry.
`
`Further, as of July 5, 1973, the MARC record attached hereto as Attachment 2b
`
`was accessible through any library with access to the OCLC Connexion database
`
`or the online catalog at a library regularly subscribed to this serial, which means
`
`that the corresponding publication was publicly available on or before that same
`
`date through any library with access to the OCLC Connexion database or through
`
`an individual library.
`
`39. Attachment 2b
`
`indicates
`
`that
`
`the
`
`IEEE Transactions on
`
`Communications as cataloged by the Library of Congress is currently available
`
`from 572 libraries. In view of Attachment 2b, this issue of the IEEE Transactions
`
`on Communications was publicly available no later than August 7, 1989, because
`
`by that date it had been cataloged and indexed at the Library of Congress, made
`
`part of the OCLC Connexion database, and received at the University of Illinois at
`
`Urbana-Champaign Library. For these reasons, I find that Exhibit 1008 was
`
`22
`
`Ericsson Exhibit 1017
`Page 22
`
`
`
`published and accessible to the public no later than August 7, 1989.
`
`VII. Document 3 – Raychaudhuri
`
`40. Attached hereto as Exhibit 1005 is a true and correct copy of the
`
`conference paper titled “WATMnet: A Prototype Wireless ATM System for
`
`Multimedia Personal Communication” by D. Raychaudhuri, L. J. French, R. J.
`
`Siracusa, S. K. Biswas, R. Yuan, P. Narasimhan, and C. Johnston (hereafter called
`
`“Raychaudhuri”) on pages 469-477 in the 1996 IEEE International Conference on
`
`Converging Technologies for Tomorrow's Applications and issued in three
`
`volumes by IEEE in 1996. Exhibit 1005 includes the title page, title page verso,
`
`preface, table of contents, and the Raychaudhuri paper. I obtained this paper from
`
`the Linda Hall Library in Kansas City, Missouri, and requested the copies which
`
`comprise Exhibit 1005. Specifically, the text of the Raychaudhuri paper in Exhibit
`
`1005 is complete; no pages are missing; and, further, there are no visible
`
`alterations to the document. Exhibit 1005 was found within the custody of a
`
`library – a place where, if authentic, a copy of this paper would likely be. Exhibit
`
`1005 is a true and correct copy in a condition that creates no suspicion about its
`
`authenticity.
`
`41. Attached hereto as Attachment 3a is a true and correct copy of the
`
`MARC record for Ex. 1004 at the Linda Hall Library. Based on finding a print
`
`23
`
`Ericsson Exhibit 1017
`Page 23
`
`
`
`copy of Exhibit 1005 in the Linda Hall Library and record in its online library
`
`catalog, it is my opinion that “WATMnet: A Prototype Wireless ATM System for
`
`Multimedia Personal Communication” by Raychaudhuri et. el. on pages 687-693
`
`in the 1996 IEEE International Conference on Converging Technologies for
`
`Tomorrow's Applications was available from the Linda Hall Library.
`
`42.
`
`Exhibi
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