UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`FORD MOTOR COMPANY
`Petitioner
`v.
`ETHANOL BOOSTING SYSTEMS, LLC, and MASSACHUSETTS INSTITUTE
`OF TECHNOLOGY,
`Patent Owner
`____________
`
`Case: IPR2019-01400
`U.S. Patent No. 8,069,839
`_________________________________________
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`FORD Ex. 1037, page 1
` IPR2019-01400
`
`
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`FORD MOTOR COMPANY
`Petitioner
`v.
`ETHANOL BOOSTING SYSTEMS, LLC, and MASSACHUSETTS INSTITUTE
`OF TECHNOLOGY,
`Patent Owner
`____________
`
`Case: IPR2019-01400
`U.S. Patent No. 8,069,839
`_________________________________________
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`FORD Ex. 1037, page 1
` IPR2019-01400
`
`
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`I, Dr. James L. Mullins, declare as follows:
`
`1.
`
`2.
`
`My name is Dr. James L. Mullins.
`
`I have been retained by Alston & Bird, LLP on behalf of Ford Motor
`
`Company (“Ford” or “Petitioner”) in the above-captioned inter partes review
`
`relating to U.S. Patent No. 8,069,839 to provide opinions relating to books authored
`
`by (1) John A. Heywood, titled Internal Combustion Engine Fundamentals and
`
`published by McGraw-Hill in 1988 that includes 930 pages (“Heywood”), and (2)
`
`Automotive Handbook, 3rd Edition, edited by U. Adler published by Robert Bosch
`
`GmbH and distributed in the U.S.A. by Society of Automotive Engineers in 1993
`
`that includes 852 pages (“Automotive 3rd Edition”). All statements made herein of
`
`my own knowledge are true, and all statements made herein based on information
`
`and belief are believed to be true.
`
`I.
`
`INTRODUCTION
`
`3.
`
`I am presently Dean of Libraries Emeritus and Esther Ellis Norton
`
`Professor Emeritus, Purdue University. My career as a professional and
`
`academic/research spanned more than 44 years including library positions at Indiana
`
`University, Villanova University, Massachusetts Institute of Technology, and
`
`Purdue University. Ex. 1038 is a true and correct copy of my curriculum vitae
`
`describing my background and experience.
`
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`FORD Ex. 1037, page 2
` IPR2019-01400
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`4.
`
` In 2018, I founded the firm Prior Art Documentation Librarian
`
`Services, LLC, located at 106 Berrow, Williamsburg, VA 23188 after purchasing
`
`the intellectual property of and successor to Prior Art Documentation, LLC located
`
`at 711 South Race Street, Urbana, IL 61801. Further information about my firm,
`
`Prior Art Documentation Librarian Services, LLC (PADLS), is available at
`
`www.priorartdoclib.com.
`
`5.
`
`I have been retained by Alston & Bird, LLP on behalf of Ford to offer
`
`my opinion on the authenticity and dates of public accessibility of (1) John A.
`
`Heywood, titled Internal Combustion Engine Fundamentals and published by
`
`McGraw-Hill in 1988 that includes 930 pages (“Heywood”), and (2) Automotive
`
`Handbook, 3rd Edition, edited by U. Adler published by Robert Bosch GmbH and
`
`distributed in the U.S.A. by Society of Automotive Engineers in 1993 that includes
`
`852 pages (“Automotive 3rd Edition”) for use in the above-captioned inter partes
`
`review proceeding. For this service, I am being paid my usual hourly fee. I have no
`
`stake in the outcome of this proceeding or any related litigation or administrative
`
`proceedings, and my compensation in no way depends on the substance of my
`
`testimony or the outcome of this proceeding.
`
`II. QUALIFICATIONS
`6.
`I received a Bachelor of Arts degree in History, Religion and Political
`
`Science in 1972 as well as a Master of Arts degree in Library Science in 1973 from
`
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`FORD Ex. 1037, page 3
` IPR2019-01400
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`the University of Iowa. I received my Ph.D. in Academic Library Management in
`
`1984 from Indiana University. Over the past forty-four years, I have held various
`
`positions in the field of library and information sciences.
`
`7.
`
`I am presently Dean of Libraries Emeritus and Esther Ellis Norton
`
`Professor Emeritus at Purdue University, and have been since January 1, 2018. I
`
`have been previously employed as follows:
`
` Dean of Libraries and Professor and Esther Ellis Norton Professor,
`Purdue University, West Lafayette, IN (2004-2017)
` Assistant/Associate Director
`for Administration, Massachusetts
`Institute of Technology (MIT) Libraries, Cambridge, MA (2000-2004)
` University Librarian and Director, Falvey Memorial Library, Villanova
`University, Villanova, PA (1996-2000)
` Director of Library Services, Indiana University South Bend, South
`Bend, IN (1978-1996)
` Part-time instructor, School of Library and Information Science,
`Indiana University, Bloomington, IN (1979-1996)
` Associate Law Librarian, and associated titles, Indiana University
`School of Law, Bloomington, IN (1974-1978)
` Catalog Librarian, Assistant Professor, Georgia Southern College (now
`University), Statesboro, GA (1973-1974)
`
`8.
`
`I am a member of the American Library Association (“ALA”), where I
`
`served as the chair of the Research Committee of the Association of College and
`
`Research Libraries (“ACRL”). My service to ALA included service on the editorial
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`FORD Ex. 1037, page 4
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`board of the most prominent library journal, College and Research Libraries. I also
`
`served on the Standards Committee, College Section of the Association of College
`
`and Research Libraries, where I was instrumental in developing a re-issue of the
`
`Standards for College Libraries in 2000.
`
`9.
`
`I am an author of numerous publications in the field of library science,
`
`and have given presentations in library sciences at national and international
`
`conferences. During more than 44 years as an academic librarian and library science
`
`scholar, I have gained extensive experience with catalog records and online library
`
`management systems (LMS) built using Machine-Readable Cataloging (“MARC”)
`
`standards. As an academic library administrator, I have had responsibility to ensure
`
`that students were educated to identify, locate, assess, and integrate information
`
`garnered from research library resources. I have also facilitated the research of
`
`faculty colleagues either directly or through the provision of and access to the
`
`requisite print and/or digital materials and services at the universities where I
`
`worked.
`
`10. Based on my experience identified above and detailed in my curriculum
`
`vitae(see Ex. 1038), I consider myself to be an expert in the field of library science
`
`and academic library administration.
`
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`III. BACKGROUND ON PUBLIC ACCESSIBILITY
`A. Scope of This Declaration
`I am not a lawyer, and I am not rendering an opinion on the legal
`
`11.
`
`question of whether a particular document is, or is not, a “printed publication” under
`
`the law. I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and when and how this document 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
`
`document.
`
`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,
`
`or other distinctive characteristics of the item.
`
`13.
`
`I am informed by counsel that a given reference qualifies as “publicly
`
`accessible” if it was disseminated or otherwise made available such that a person
`
`interested in and ordinarily skilled in the relevant subject matter could locate it
`
`through the exercise of ordinary diligence.
`
`14. While I understand that the determination of public accessibility under
`
`the foregoing standard rests on a case-by-case analysis of the facts particular to an
`
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`FORD Ex. 1037, page 6
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`individual publication, I also understand that a printed publication is rendered
`
`“publicly accessible” if it is cataloged and indexed by a library such that a person
`
`interested in the relevant subject matter could locate it (i.e., I understand that
`
`cataloging and indexing by a library is sufficient, though there are other ways that a
`
`printed publication may qualify as “publicly accessible”). One manner of sufficient
`
`indexing is indexing according to subject matter. I understand that it is not necessary
`
`to prove someone actually looked at the printed publication in order to show it was
`
`publicly accessible by virtue of a library’s cataloging and indexing thereof. I
`
`understand that cataloging and indexing by a single library of a single instance of a
`
`particular printed publication is sufficient. I understand that, even if access to a
`
`library is restricted, a printed publication that has been cataloged and indexed therein
`
`is publicly accessible so long as a presumption is raised that the portion of the public
`
`concerned with the relevant subject matter would know of the printed publication. I
`
`also understand that the cataloging and indexing of information that would guide a
`
`person interested in the relevant subject matter to the printed publication, such as the
`
`cataloging and indexing of an abstract for the printed publication, is sufficient to
`
`render the printed publication publicly accessible.
`
`15.
`
`I understand that evidence showing the specific date when a printed
`
`publication became publicly accessible is not necessary. Rather, routine business
`
`practices, such as general library cataloging and indexing practices, can be used to
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`- 6 -
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`FORD Ex. 1037, page 7
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`
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`establish an approximate date on which a printed publication became publicly
`
`accessible.
`
`A. Library Catalog Records and Other Resources
`Some background on MARC
`(Machine-Readable Cataloging)
`
`16.
`
`formatted records, OCLC, and WorldCat is helpful to understand the library catalog
`
`records discussed in this declaration. I am fully familiar with the library cataloging
`
`standard known as the MARC standard, which is an industry-wide standard method
`
`of storing and organizing library catalog information.1 MARC practices have been
`
`consistent since the MARC format was developed by the Library of Congress in the
`
`1960s, and by the early 1970s became the U.S. national standard for disseminating
`
`bibliographic data. By the mid-1970s, MARC format became the international
`
`standard, and persists through the present. A MARC-compatible library is one that
`
`has a catalog consisting of individual MARC records for each of its items. The
`
`underlying MARC format (computer program) underpins the online public access
`
`catalog (OPAC) that is available to library users to locate a particular holding of a
`
`library. Today, MARC is the primary communications protocol for the transfer and
`
`1 The full text of the standard is available from the Library of Congress at
`
`http://www.loc.gov/marc/bibliographic/.
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`- 7 -
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`FORD Ex. 1037, page 8
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`storage of bibliographic metadata in libraries.2 The MARC practices discussed
`
`below were in place during the late 1990s timeframe relevant to the documents
`
`referenced herein.
`
`17. Online Computer Library Center (OCLC) is a not-for-profit world-wide
`
`consortium of libraries. Similar to MARC standards, OCLC’s practices have been
`
`consistent since the 1970s through the present. Accordingly, the OCLC practices
`
`discussed below were in place during the timeframe discussed in my opinions
`
`section. OCLC was created “to establish, maintain and operate a computerized
`
`library network and to promote the evolution of library use, of libraries themselves,
`
`and of librarianship, and to provide processes and products for the benefit of library
`
`2 Almost every major library in the world uses a catalog that is MARC-compatible.
`
`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
`
`https://www.loc.gov/marc/faq.html (last visited Jan. 24, 2018) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began over fifty years ago. It provides
`
`the mechanism by which computers exchange, use, and interpret bibliographic
`
`information, and its data elements make up the foundation of most library catalogs
`
`used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed 2009) standard
`
`for Information Interchange Format.
`
`- 8 -
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`users and libraries, including such objectives as increasing availability of library
`
`resources to individual library patrons and reducing the rate of rise of library per-
`
`unit costs, all for the fundamental public purpose of furthering ease of access to and
`
`use of the ever-expanding body of worldwide scientific, literary and educational
`
`knowledge and information.”3 Among other services, OCLC and its members are
`
`responsible for maintaining the WorldCat database (http://www.worldcat.org/), used
`
`by libraries throughout the world.
`
`18.
`
`Libraries world-wide use the machine-readable MARC format for
`
`catalog records. MARC-formatted records include a variety of subject access points
`
`based on the content of the document being cataloged. A MARC record for a
`
`particular work comprises 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. For example, a work’s title is
`
`recorded in field 245, the primary author of the work is recorded in field 100, a
`
`work’s International Standard Book Number (“ISBN”) is recorded in field 020, and
`
`the work’s Library of Congress call number (assigned by Library of Congress) is
`
`3 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`
`Library
`
`Center,
`
`Incorporated
`
`(available
`
`at
`
`http://www.oclc.org/en-
`
`US/councils/documents/amended_articles.html).
`
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`recorded in field 050. Some fields can contain subfields, which are indicated by
`
`letters. For example, a work’s publication date is recorded in field 260 under the
`
`subfield “c.”
`
`19.
`
`The MARC Field 040, subfield “a,” identifies the library or other entity
`
`that created the catalog record in the MARC format. The MARC Field 008 identifies
`
`the date when this first MARC record was created.
`
`20.
`
`The 9XX fields, which are not part of the standard MARC 21 format,4
`
`were defined by OCLC for use by the Library of Congress, for processing or holding
`
`notes for a local library, and for internal OCLC use. For example, the 955 field is
`
`reserved for use by the Library of Congress to track the progress of a new acquisition
`
`from the time it is submitted for Cataloging in Publication (CIP) review until it is
`
`published and fully cataloged and publicly available for use within the Library of
`
`Congress. Fields 901-907, 910, and 945-949 have been defined by OCLC for local
`
`use and will pass OCLC validation. Fields 905 or 910 are often used by an individual
`
`library for internal processing purposes, for example the date of cataloging and/or
`
`the initials of the cataloger.
`
`4 https://www.oclc.org/bibformats/en/9xx.html
`
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`21. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is available through
`
`the Library of Congress at http://www.loc.gov/marc/bibliographic/. For example,
`
`6XX fields are termed “Subject Access Fields.”5 Among these, for example, is the
`
`650 field; this is the “Subject Added Entry – Topical Term” field. See
`
`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a “[s]ubject
`
`added entry in which the entry element is a topical term.” Id. The 650 field entries
`
`“are assigned to a bibliographic record to provide access according to generally
`
`accepted thesaurus-building rules (e.g., Library of Congress Subject Headings
`
`(LCSH), Medical Subject Headings (MeSH)).” Id. Thus, a researcher can easily
`
`discover material relevant a topic of interest with a search using the terms employed
`
`in the MARC Fields 6XX.
`
`22.
`
`Further, MARC records include call numbers, which themselves
`
`include a classification number. For example, the 050 field is dedicated as the
`
`“Library of Congress Call Number”6 as assigned by the Library of Congress. A
`
`defined portion of the Library of Congress Call Number is the classification number,
`
`and “source of the classification number is Library of Congress Classification and
`
`5 See http://www.loc.gov/marc/bibliographic/bd6xx.html.
`
`6 See http://www.loc.gov/marc/bibliographic/bd050.html.
`
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`the LC Classification-Additions and Changes.” Id. Thus, included in the 050 field
`
`is a subject matter classification as an example: TK5105.59 indicates books on
`
`computer networks – security measures. When a local library assigns a classification
`
`number, most often a Library of Congress derived classification number created by
`
`a local library cataloger or it could it could be a Dewey Decimal classification
`
`number for example, 005.8, computer networks – security measures, it appears in
`
`the 090 field. In either scenario, the MARC record includes a classification number
`
`in the call number field that represents a subject matter classification.
`
`23. WorldCat is the world’s largest public online catalog, maintained by
`
`the OCLC, a not-for-profit international library consortium, and built with the
`
`records created by the thousands of libraries that are members of OCLC. OCLC
`
`provides bibliographic and abstract information to the public based on MARC-
`
`compliant records through its OCLC WorldCat database. WorldCat requires no
`
`knowledge of MARC tags and code and does not require a log-in or password.
`
`WorldCat is easily accessible through the World Wide Web to all who wish to search
`
`it; there are no restrictions to be a member of a particular community, etc. 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 but not necessarily all.
`
`WorldCat does not provide a view of the underlying MARC format for a specific
`
`WorldCat record, in order to see the underlying MARC format searcher must locate
`
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`the book in a holding library listed among those shown in WorldCat, and search the
`
`online public catalog (OPAC) of a holding library. Whereas WorldCat records are
`
`widely available, the availability of library specific MARC formatted records varies
`
`from library to library. When a specific library wishes to make the underlying
`
`MARC format available there will be a link from the library’s OPAC display, often
`
`identified as MARC record or librarian/staff view.
`
`24. When a MARC record is created by the Library of Congress or an
`
`OCLC member institution, the date of creation for that record is automatically
`
`populated in the fixed field (008), characters 00 through 05 in year, month, day
`
`format (YYMMDD).7 Therefore, the MARC record creation date reflects the date
`
`on which the publication associated with the record was first cataloged. Thereafter,
`
`the local library’s computer system may automatically update the date in field 005
`
`every time the library updates the MARC record (e.g., to reflect that an item has
`
`been moved to a different shelving location within the library, or a reload of the
`
`bibliographic data with the introduction of a new library management system that
`
`creates and manages the OPAC).
`
`7 Some of the newer library catalog systems also include hour, minute, second
`
`(HHMMSS).
`
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`B. Monograph Publications
`25. Monograph publications are written on a single topic, presented at
`
`length and distinguished from an article and include books, dissertations, and
`
`technical reports. A library typically creates a catalog record when the monograph
`
`is acquired by the library. First, it will search OCLC to determine if a record has
`
`already been created by the Library of Congress or another OCLC institution. If a
`
`record is found in OCLC, the record is downloaded into the library’s LMS (Library
`
`Management System) that includes typically the OPAC (online public access catalog
`
`by which researchers locate a particular library holding in a user-friendly format),
`
`acquisitions, cataloging, and circulation integrated functions. Once the item is
`
`downloaded into the library’s LMS, the library adds its identifier to the OCLC
`
`database so when a search is completed on WorldCat, the library will be indicated
`
`as an owner of the title. Once a record is created in a Library’s LMS, it is searchable
`
`and viewable through the library’s OPAC, typically by author, title, and subject
`
`heading, at that library and from anywhere in the world through the internet by
`
`accessing that library’s OPAC. The OPAC also connects with the circulation
`
`function of the library, which typically indicates whether the record is available, in
`
`circulation, etc., with
`
`its call number and
`
`location
`
`in a
`
`specific
`
`departmental/disciplinary library, if applicable. The OPAC not only provides
`
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`immediate bibliographic access on site, it also facilitates the interlibrary loan
`
`process, which is when one publication is loaned from one library to another.
`
`26. Wisconsin TechSearch (WTS) - WTS is a set of services offered by the
`
`University of Wisconsin Libraries. WTS offers an array of article delivery and
`
`research services to any individual or organization who requests the specialized
`
`skills of WTS staff in locating and retrieving information, regardless of whether the
`
`individual is affiliated with the University of Wisconsin.
`
`IV. OPINION REGARDING AUTHENTICITY AND
`ACCESSIBILITY
`Document 1: John B. Heywood. Internal Combustion Engine Fundamentals.
`New York: McGraw-Hill Publishing Company, 1988. 930 pages. (“Heywood”)
`A. Authentication
`27.
`I have been asked to opine on Internal Combustion Engine
`
`PUBLIC
`
`Fundamentals (“Heywood”). Heywood is a book authored by John B. Heywood
`
`which was published by McGraw-Hill Publishing Company in 1988. It contains, in
`
`930 pages, Contents; Preface; Commonly Used Symbols, Subscripts, and
`
`Abbreviations; 15 Chapters; Appendixes; and an Index.
`
`28.
`
`I have evaluated the Heywood reference in two ways: (1) by assessing
`
`scans of a copy of Heywood (Attachment 1A) provided by Wisconsin TechSearch
`
`(WTS) at my request from the Massachusetts Institute of Technology (MIT)
`
`Libraries; and (2) by requesting scans of Heywood from the Library of Engineering
`
`and Science, Purdue University Libraries (Attachment 1B).
`- 15 -
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`FORD Ex. 1037, page 16
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`29.
`
`Exhibit 1A is a scan of Heywood that includes: title page; verso of title
`
`page (copyright page) with handwritten notation stating call number “TJ755.H45
`
`1988” and stamp that states “MASS. INST. TECH. LIBRARIES AUG 26 1991
`
`Barker Engineering Library”.
`
`30. All identifying characteristics, such as stamps and notations, on
`
`Attachment 1A are consistent with library practice and procedure that I have
`
`observed during my career as a professional librarian and specifically during my
`
`tenure as a librarian and administrator at MIT Libraries. I have no cause for concern
`
`about the authenticity or accuracy of these identifying attributes. In addition,
`
`Heywood was found within the custody of a library, the Barker Engineering Library,
`
`MIT Libraries, one of the most likely locations for an authentic publication to be
`
`located.
`
`31.
`
`The publication included as Attachment 1B was provided to me, at my
`
`request, from the Engineering and Science Library, Purdue University Libraries on
`
`July 9, 2019. Exhibit B contains scans of Heywood owned by the Purdue University
`
`Libraries including: scans of Heywood’s cover with Purdue University Libraries
`
`inventory bar code label and label with call number: “TJ755.H45 1988”; inside front
`
`cover flyleaf with stamp “ENGINEERING LIBRARY”; title page with handwritten
`
`Dewey Decimal call number: 621.43.H519i ; verso of the title page (copyright page);
`
`Table of Contents; back page flyleaf with book date due slip pocket with handwritten
`
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`FORD Ex. 1037, page 17
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`
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`Dewey Decimal call number “621.43.H519i c.1”,
`
`stamp
`
`that
`
`reads
`
`“ENGINEERING LIBRARY’ and a label that reads “Heckman Bindery, North
`
`Manchester, Indiana 46962 and the date AUG 00”; and back cover.
`
`32. Nothing about the condition of Attachment 1B from my experience as
`
`Dean of Libraries of Purdue University suggests any uncertainty about its
`
`authenticity. For example, the cover, inside front cover flyleaf, title page, verso of
`
`the title page (copyright page), contents, inside back cover flyleaf and back cover
`
`show no visible alterations to the document. In addition, Heywood was found within
`
`the custody of a library, the Purdue University Libraries, one of the most likely
`
`locations for an authentic publication to be located. Please note, the fact that there
`
`is both a Library of Congress call number and a Dewy Decimal call number reflects
`
`the decision I made while Dean of Libraries to convert the collections from Dewey
`
`Decimal classification to Library of Congress; this book would be one of those re-
`
`classified. It would not have affected its accessibility or retrieval since this
`
`conversion took place between 2015-2017 to the best of my knowledge.
`
`33.
`
`I compared and found no difference between Attachment 1A with
`
`Attachment 1B. Accordingly, I affirm that Attachment 1A and Attachment 1B are
`
`of the same edition. I conclude that Attachment 1A and Attachment 1B were taken
`
`from a true and accurate copy of Heywood.
`
`34.
`
`I conclude and affirm that Heywood is an authentic document.
`
`- 17 -
`
`FORD Ex. 1037, page 18
` IPR2019-01400
`
`
`
`B. Public Accessibility
`35. Attachment 1C is a true and correct copy of the WorldCat entry for
`
`Heywood for holdings in Massachusetts and Indiana. I obtained Attachment 1C by
`
`completing a search on WorldCat on July 4, 2019.
`
`36. Attachment 1C shows that Heywood is the document associated with
`
`this WorldCat entry, as verified by the author: John B. Heywood; publisher and
`
`publication date: McGraw-Hill in 1988; title: Internal Combustion Engine
`
`Fundamentals; and ISBN: 00702863X. Heywood could have been located by
`
`searching for the author – John A. Heywood; title – Internal Combustion Engine
`
`Fundamentals; or by searching the subject headings: “Internal Combustion Engines;
`
`Moteurs a combustion interne; and/or Combustion – Interne – Moteur.”
`
`37. When I searched WorldCat for holdings of Heywood in Massachusetts,
`
`MIT Libraries was third, and when I searched for holdings in Indiana, Purdue
`
`University Library was third among the 628 libraries shown as owning Heywood
`
`worldwide.
`
`38.
`
`The searches discussed above could have been performed anywhere in
`
`the world by anyone who accessed WorldCat and its predecessor database through
`
`an OCLC member library in the 1990s to the present.
`
`39. Attachment 1D is a download I made from MIT Libraries OPAC
`
`(online catalog) on June 18, 2019. The document cataloged in this record is
`
`- 18 -
`
`FORD Ex. 1037, page 19
` IPR2019-01400
`
`
`
`Heywood as verified by the fields listing: author - John A. Heywood; title - Internal
`
`Combustion Engine Fundamentals; and ISBN - 007028637X. I also compared the
`
`LC Classification (call number): TJ755.H45 1988 with that shown on the title and
`
`copyright pages of Attachment 1A, and it is the same on both. Heywood could have
`
`been located by searching for the author – John A. Heywood; title – Internal
`
`Combustion Engine Fundamentals; and/or by subject – Internal combustion engine.
`
`The MIT Libraries OPAC record indicates that it is in the Barker Library – Stacks :
`
`TJ755.H45 1988.
`
`40. Attachment 1E is a download I made from MIT Libraries OPAC (online
`
`catalog) on June 18, 2019 that provides the MARC record for Heywood. The MARC
`
`record indicates in Field 910, (see description of the 9XX MARC field above), a
`
`date shown as: MHE880504ML. “880504” indicate the date: May 4, 1988. From
`
`my experience as a librarian and administrator and my knowledge of processes at
`
`MIT Libraries, this date indicates when the record was created for Heywood by a
`
`MIT Libraries cataloger and entered into the MIT Libraries OPAC. After the date
`
`of cataloging it would take a week for labeling and transfer to the shelf, thus
`
`Heywood would have been publicly accessible no later than May 11, 1988. The
`
`stamped date of August 26, 1991 indicates the original copy purchased in 1988 was
`
`lost or damaged, and was replaced on August 26, 1991. This copy would have been
`
`accessible in a week to ten days after receipt, therefore, September 6, 1991.
`
`- 19 -
`
`FORD Ex. 1037, page 20
` IPR2019-01400
`
`
`
`41. Attachment 1F is the Purdue University Library OPAC record. It is a
`
`download I made from Purdue OPAC (online catalog) on July 4, 2019. The
`
`document cataloged in this record is Heywood as verified by the fields listing:
`
`author - John A. Heywood; title - Internal Combustion Engine Fundamentals; and
`
`ISBN - 007028637X. I also compared the LC Classification (call number):
`
`TJ755.H45 1988 with that shown on the cover of Attachment 1B, and it is the same
`
`on both. Heywood could have been located by searching for the author – John A.
`
`Heywood; title – Internal Combustion Engine Fundamentals and/or subject –
`
`Internal combustion engine. The Purdue Libraries OPAC record indicates that it is
`
`shelved in the Engineering and Science Library. 2nd Floor WALC: TJ755.H45 1988.
`
`On Attachment 1B, the scans from the Purdue University Libraries copy of
`
`Heywood, the Heckman Bindery label AUG 00 (August 2000) indicates that the
`
`Purdue University Libraries copy of Heywood was re-bound due to wear (the
`
`binding appearance indicates it is not the original published cover). Therefore, the
`
`Purdue University Libraries copy of Heywood was accessible no later than August
`
`2000.
`
`Conclusion
`
`42. I conclude that Heywood is an authentic document and would have been
`
`publicly accessible through the Barker Engineering Library, MIT Libraries no later
`
`- 20 -
`
`FORD Ex. 1037, page 21
` IPR2019-01400
`
`
`
`than September 6, 1991 and at the Engineering Library, Purdue University no later
`
`than August 2000.
`
`Document 2: Automotive Handbook. 3rd Edition. Editor-in-Chief: Ulrich Adler.
`Stuttgart : Robert Bosch. Warrendale, Pennsylvania. Distributed in the USA
`by Society of Automotive Engineers, 1993. 852 pages. (“Automotive Handbook
`3rd Edition”)
`A. Authentication
`43.
` I have been asked to opine on Automotive Handbook, 3rd Edition
`
`(“Automotive Handbook 3rd Edition”). Automotive Handbook 3rd Edition is a book
`
`edited by Ulrich Adler which was published by Robert Bosch and distributed in the
`
`United States of America by the Society of Automotive Engineers in 1993. It
`
`contains, in 852 pages, sections titled: Physics basics; Mathematics, methods;
`
`Materials science; Machine elements; Bonding and joining techniques; Sheet-metal
`
`processing; Motor-vehicle dynamics; Internal-combustion (IC) engines; Engine
`
`cooling; Intake air, exhaust systems; Engine management, spark-ignition (SI)
`
`engines; Fuel management; Further engine-management; Integrated engine-
`
`management systems, Motronic; Engine test technology; Exhaust emissions, spark-
`
`ignition (SI) engines; Internal-combustion (IC) engines for alternative fuels; Engine
`
`management (diesel engines); Exhaust emissions (diesel engines); Auxiliary starting
`
`devices for diesel engines; Starting systems; Alternative drive systems; Drivetrain;
`
`Chassis systems; Braking systems; Road-vehicle systematic; Vehicle bodies,
`
`passenger-car; Vehicle bodies, commercial-vehicle; Lighting; Signaling and alarm
`
`- 21 -
`
`FORD Ex. 1037, page 22
` IPR2019-01400
`
`
`
`systems; Windshield, rear-window and headlamp cleaning systems, windshield and
`
`window glass; Heating, ventilation, and air-conditioning (HVAC); Com
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