claim themes and hence prior art add to prior art in a specific way sure going to these additional steps affect that at all it it effects the better it will process because for would fail to properly applied to consisting of limitation particularly in light of the disclaimer and we review that for abuse of discretion we are under the chamberlain case is that you would review that for abuse of discretion bed in a refinery decide to process it is clear to this court present that if this language appears in the preamble if it gives structure to the plane and if it's been relied on as it was here to distinguish the prior art prosecution then it's a and that would be wrong all the district court didn't do that and neither should the school or these the refiner saw the process limitation is in the preamble it's in the specification it's in the prosecution's history it's even in the title of the not for three pa one and those are places where baker repeatedly distinguished the prior art as not being related to refinery to solving process compensated for what it's lost with respect to that particular transaction why is that different than any other well it's very difficult as mr moore phone testified it's very difficult to put a dollar value on the losses there's a rotation of prices should read or mention a moment ago that now has already come in and offer a thirty five percent discount to know what you're really talking about a potential customer you haven't even seen yet right you want be exclusive market we can means there will be you don't even know how many customers that's exactly right that is that is certainly one of the important factors here who does the more really want to cry how much the damages are could you don't know everybody you'll be selling this to that's exactly right that is that is certainly one of the having led you into that trap aren't there really a limited number of wineries here could we really can we really calculate how many potential users there are and really get to some reliable damage would you it would be very difficult to do that because there are there are a limited number of fires we're currently selling process but i believe the testimony from mr moore was that there were over forty refineries where we were trying to sell this process so if they get those next week then you can be compensated for your loss by damages is that how is that different than most other cases where there's a potential that you're going to lose business because of the infringer and then you going to be compensated by material that was well it just really just pointed out we don't know how much money we would make from all these other refineries if we were in there there's refineries all over the country that could buy this process additionally the price would be road we would lose our reputation as and it would just say no but you're saying you're going to lose the business to now it's not hypothetically i mean it's patent we don't know what other companies with lots of other competitors and they can all come out there and practice their method as well and competition is likewise there was testimony about there was always some dispute about this but there was there was testimony about other services that were sold and we recognize or there's  going to be an issue in the right eye case whether or not they're part of the same process or not or whether or not we're going to get pulled through damages but that was another issue that was discussed about how these are often single source contracts and so if you if you get into this chemical it wasn't obvious to shell chevron that patent employed the invention inventor yet they paid the bakers he said can you come in and help us with this process it was an obvious to natural because when they came in chevron they had an equal opportunity to try their process and shut down  find twice so baker's pat was issued directly response to this more demand crude oil were getting worse and worse around the world because double crude out of africa has high levels of calcium and that's one of the things that this  unable to do that without using b