where the librarian told me that everyone advised everyone that the search engine to use for this new thing called the internet was out of vista because it had the most stuff on it and had catalogued the most famous is quite a while ago in the words before local data by of in other words a local computer processor had access to local data only if a remote server sent a key or the five thirty four patent at issue here came along and said well here's here's something different we're going to structure the addresses and data with the thing attached to the local so that it can be x so so that it's encoded so it can be accessed only by the remote computer only by the remote server not by the local and unless the remote directs that it be accessed during the course of an on line connected session that's not the same as a key so i appreciate where you're  setting that up with a board of done is to say that you can replace that key of major g s with this command an address information that comes from the bachelor reference and that commanding address in for to stop and these are stored as a key in a software routine that's running on the problem with that and with that combination is that the you can't have it both ways you cannot have the encoding of the local exhilarate data that's taught in the five thirty four if you're going to replace the whole key and and software catcher software of with the simple address information of bachelor bachelor teaches going and getting a elephant entry off a cd version of the contemned encyclopedia for example decision and the problem with that is that completely destroys mage's mage's is a system that is i mean it leaves major is nothing but a local computer and a remote computer that's not a  maintain the encoding in the restricted access that's what made it an invention in the mid one nine hundred ninety s that was patentable over and above may g s and when you replace the key and  and capture software of major g s with the simple go get command from batchelor you no longer have been coding you can't have you can't have it both ways you can't say that the key and combination would be the bachelor specific command address information is taught in batchelor combined somehow with the key in software the restricted access that was provided by the key and software that are no longer there once you replace it with the address of a bachelor access except by the local processor so you've got a a situation where where you can have that just as it's taught all not saying it's clean but you have this continuously updating  interactive three d virtual environment and as you move through it the primary site data from the remote are being combined with the  claim one particular particularly in view of whatever arguments were made by the patent owner in the first in a reexamination but i would prefer to just you know you can still read them clearly in twenty three and twenty four sites that it works only while on the internet is that the dater uncoated to restrict access only while on line connected and only when directed by the remote server  that ensures that the auxiliary data are usable only in conjunction with the primary or remote site data so that's the invention and you can't have it by combining mages infatuate in the way that the twenty four is distinct in that it recites that the access that the dater uncoated to restrict access unless directed by the remote that's the thing that sets going twenty four apart from all the others and it's something that was added during resume nation to make express what had been hashed out during the reexamination  morning you may have please the court substantial evidence supports the board's findings and the board's conclusions should be affirmed there's three topics i hope to touch on in my time today one is claim construction second is the teachings of the prior art madison bachelor and the third is the concept of analogous heart and why the bachelor references and i guess are get they challenging jokes well that last discussion about frame twenty four does kind of go to the notion of playing construction but no this notion of direct access and that's not true what the board was saying there's a couple of different concepts in claim twenty four there is remote access limitations the remote access limitations are also in claim want to claim twenty three and claim twenty four claim twenty four has an additional limitation of directed by limitation and what the board was sane the board construed the remote access them and stations that ran all three of those claims to include a situation where the note server directs ac by the local computer so what the board did the board did not define the outer boundary of that claim sco the board was saying that that claim scope can be met by a circumstance where a remote server is directly access now the directed by record demonstrated that both of those limitations were met so the broader remote access limitations were satisfied because the combination of majesty and bachelor as the remote server directly accessed by the local computer and then turning to claim twenty four and then there were directed by limitation was also met by that evidence because again circumstances there have the remote server directing access by the local computer there is no p accurate your honor so what what the combination is it's modifying maja's madness sense from the remote server and sense of triggering key to the local computer the combination adds to that by taking the specific command and address information so  to the trigger it's saying local computer you need to access this information on the local media on the cd rom and it's also telling the local computer here's the address where you need to access it that bachelor ha specificity that just wasn't in the teachings of majesty but there's nothing else has changed in majesty the view the architecture of the local computer the client server relationship everything else stays the same it's just all we're doing with this combination is adding this command address information and that's that's the extent of my recollection of how it came up over yonder and so taking the teachings of  bachelor taking a step back and looking at point twenty four as an example likely twenty four is a useful claim to look at because it has the three women stations that have been at issue in this appeal has a remote access limitations and so what those involved is it saying the remote server can access auxilary site data see the information on the computer now that leaves open the possibility that the local computer can act on its own and could  information on the cd without instruction and that's where the directed by limitation comes into play so the directed by limitation cuts that off and says the remote server must direct access now that leaves open an additional possibility  leaves open the possibility that the the local computer could receive that direction and then take no action for a while and wait until some time later and then you used the command and that's where the only while limitation comes into play and playing twenty four and that limitations also include twenty three but that cuts off that possibility it's saying you can't receive the key and hang onto it and use it some time later the combination of matches in bachelor teaches precisely this so majesty each is explicitly that the only way to access the data is a socket the socket connection between the personal computer and the remote server madge is also teaches that once that he comes in it uses the key immediately it uses the key immediately to access the information that's stored on the local this so that's the combination of matches and batch for that's key chains and it reads on all three of those limitations remote access within the field of endeavor and also reasonably pertinence of the teachings of the five three four fatten the appellant is taking the hyper narrow view of the field of endeavor and of the problem that was identified in the five three four pat t those same arguments were considered by the board below and were rejected substantial evidence supports the board's finding as to each of those on the field of endeavor substantial evidence supports the board because that's her is not limited to just broadcast television that's where if you look at the title of the written description the claims bachelor involves a personal computer receiving information from a remote data source and in batch where that remote data source is also a computer so bashe within the field of endeavor substantial evidence on the record supports the court's finding their reasonably pertinent question substantial evidence also supports that so the appellant is taking a very narrow view and say that the  problem that was addressed by the five three four patent involves this continually updating seamlessly navigable environment but if you look at what the five three four times said about the problem that it was addressing specifically at the five three four at call on three lines twenty three twenty three and that's appendix three forty five the five three four patent says a significant problem associated with the use of such online technology however involves the substantial amount of time required to download various images and information that the board found that the batch of reference was reasonably current to that problem because that church teaches storing some information locally and then a remote data source sending a invention and i haven't heard anything to undermine what i said a few minutes ago and by the way what i said a few minutes ago is in our brief before the board i think it was suggested maybe the argument that i was making was somehow know now it's now you can look for example patent owners response or pages thirty three to thirty eight among other spots on thirty four and other areas in the ok you have to stop soc sec connections to obtain the key initiatives but you still obtaining a key it's different than the online connection that and the and the features of that online connection as taught and claimed in the five thirty that the board found that the clean twenty four teach is the or rather that mages teaches the directed by limitation of playing twenty four for the same reason that it teaches the remote access limitations of claim twenty four is kind of striking because it states that one page after it says that the patent own that it be directed by limitation requires something beyond a remote remote access limitation and then the board says it likely does as my adversary stated ok well if it does then how can  same reason as it satisfies you know limitation a the remote access limitation also satisfied limitation be directed by limitation there's a specific point there's an explicit claim