please the court and steve helper and i'm here on behalf of the helen here in saint your to talk about three things number one master slave more particularly why it's in the chens and more particularly in the talk about which is reproduced that page eleven of our libraries number two i'm going to talk about the meaning of optimize energy consumption and i'm going to discuss with this court why is this court does not find  of hayward today the chans or ehlers arema and is essential in the third i have about one sentence three one each of a couple claims that were independently argued like seventeen thirty three it's there respectfully a p p x eleven thirty seven paragraph one sixty four says the control is to the operating point nothing in the gens and suggests that when there's an operating point on skin to do anything differently than that and when we look at paragraph one sixty it's very very clear that the host is going to provide lots of information is happening to things been clearing the operating point evidence i'm aware that there's expert testimony but the meaning of the word alternatively is really really clear and i think that expert testimony has a very big role at law but i don't really think it's a stretch the language of the explicit different teachings in the reference and i think the thing is not a figure seventeen it doesn't figure nine this figure seventeen figure seventeen says it's another configuration and it's understood when you get to figure seventeen in that everything that has come before it as a reader is an assumed basis and sets up your understandings as a reader as a reference to house computers when you're talking about figure nine and what's interesting only as our briefing below  system is receiving information and figure seventeen is this different in the sense that it's expanding and it's providing more information for your seventeen is specifically saying ok but if we tell you bearing on figure seventeen i think it's fair to consider and i think that in figure seventeen if they specifically actually come out and say that the operating point necessarily carry over but if we're going to but if we look at figure seventeen and we look at paragraph one sixteen i mean we can see the connection there and i think what happened here is there was some briefing below  talking about one thirty four and one sixty if you look at the words opinion in this case they refer to our reference to alternatively or in combination and they actually cited paragraph one thirty four that they don't cite paragraph and sixty one thirty four the paragraph actually starts with alternatively or in combination and there's a discussion in paragraph one thirty four about house the argument we presented in the argument we're presenting here is the alternative in combination that's in the middle of the paragraph one six which is not the alternatively or in combination the board cited in there and it's the same alternatively or any combination language and as laid out in our means that it has the specific master slave configuration that's required to anticipate i i mean you say they say thousand i don't know how i well your honor i think the sole basis for the board's reversal is that there is a degree of influence on the local controller and i think that this is a teaching very clearly here of master slave the energy consumption we have three different length instructions here there's what i'm going to call flow control there's the special definition of overlap in flux and then used the words construction and war didn't reach to achieve the desired impact on the well this construction is understood from the notes allowance the ex parte examiner was present in the resume west african first office action in the second office action which is also referred to as the first sleeping examiner found a special definition in the specification i have ninety seven patent and withdrew the rejections that had been previously dotted and many many many many rejections used to eliminate references and then later a different broader clinton struction adopted without being reapplied in the perfect example of this is in the ran at a p x one five nine zero four a p x one five teach optimizing energy consumption as claims which seem to have a special definition for optimize energy consumption and as a reference to where in the patent the special definition of benefits there's no teaching in the enforcer jones overlap in the required flows from various functions to avoid unnecessary flow overlapping flows requirement is explicitly over and over and over again in the rand and the second a c p used to toss all of these references it revisited and what's interesting is a problem with this construction because what is the ultimate pumping for function actual mean i actually mean it can move depending on how it's being framed and how it's being abstracted out to construction of flow control is both an example of that construction and a lowest common denominator we're going to be number one if you have flow control if you have a reference that teaches what we're talking about that's an example of a reduction of the energy over time relevant feed back loop is going to reduce your energy relative to that and that's an all these references it's also a lowest common denominator of instruction because if you don't know what the flow is how can you get the flow that you want you know you says that shows the hardest supplying the setpoints do the pumps or whatever and then he goes on to say the center does not disclose or receive from  computer even if optimized by controllers opt out was launched one on sixty would lose in the end control other words he's saying it shows that the house provides the setpoints but it doesn't say explicitly that there's a controllers can still yet still project it right it's providing information it's providing desired operating points but in every instance in one sixteen throughout the sends out the local controller then takes that information and makes its own well through the discussion of columns a citation of columns but we read the alternative language is actually saying that the local how controller can take the information from the most computer it can listen to it it can make  desired operating points desired operating points it's not the actual and signal or operating point and i mean at worst here you have two different interpretations of the disclosure and under this court's case law and synopsis of the mentor graphics and all tricks that is when the board makes that determination and in fact the board in its decision credited dr collins testimony over dr matic so the board hit this issue head on disagreed with hayward agreed with and there in that scenario even when there are is another maybe possible reading that is still the epitome of a decision that it's hard to say that the board that this issue head on when it really didn't discuss the very issue we've been debating well this goes to i think the record is is there your honor but this goes to hayward takes issue with the board's decision ignoring the fact that the board was merely responding to how these issues came to it and you talk about figure nine and seventeen earlier in this confusion over whether they need to be together or not and he were to saying the board somehow erred by making it mandatory that they're together well why did the board address this issue the way it did with figures nine and seventeen in the decision is because if you look at the record that's exactly what he would argue on look at th senator and that's just a non issue so the board didn't reach that issue as to descend right as to correct optimizing energy consumption of what was silence as to dissent so we if we were to disagree with o master slave we have to send it back on the optimization for factual finding yeah but the shifting construction argument is a non issue the bottom line is the examiner construed the term the board reviewed it and adopted that instruction that's all that's required and maybe even more clearly if you look at the records they were made this ship in construction argument to the examiner in the examiner at appendix one five zero seven it stated th definition is proceeding is not seem to contradict any earlier definition and an examiner went on in appendix fifteen for thirty two to fifteen four thirty three to say that it had addressed it and change its mind about any of its prior findings actual findings on the scope of the art based on this definition so the shifting construction argument is just a non issue here were was in arguing some blanket rule that's the language construed by the examiner and very valuable case it cited in its reply to anybody because functional language somehow has to mean in this circumstance any pumping system not a minus energy consumption under any circumstance and there is no such blanket rule in the law this case is much more akin to star scientific that we cite in our brief in geneva it was a death in this case in the court was concerned that that case it dealt with a pharmaceutical composition that pharmaceutical competition in one instance would infringe the identical composition in another instance what not and that's simply not the case here we're not  a couple systems one would infringe one when that were more like star scientific where there the court acknowledged you can have functional construction that is in fact relative to some baseline in that case it was during tobacco and for computing during tobacco and the claim language was defined as being relative to conventional methods for curing tobacco here after my letter to consumption can be relative to the ultimate humping application or function all in order to be the master with respect to that variable are able we're talking about here in the operating point paragraph one sixty four says this is the point at which the system is run what could be more important and cross referenced to that definition of master slave experted would lose and control both when we actually look at paragraph twenty seven it's complete control over one variable  position the experts take in the operating point can be provided by the host of the local control alternatively the local controller can define the operating point don't need an expert not a