block and i see this repeatedly and it was also the prosecution history yes your honor except that that is talking about how the middle lines that overlay multiple blocks can connect to internal things in inside the blocks the diffusion lines for example inside the blocks the metal lines overlay multiple blocks the claim language talks about how those metal lines connect one block to another block and to another clean wanted which figures relate so we can understand the nature of the patio yes of yes of course i think in that respect the entirety of the pattern the specification all the figures all of the claims the language used in the different claims are before the court and can and should be considered under this court's claim construction precedent the claim construction of issues in claim one is not before the court now what the court did it is if it did not construe the language of metal lines connecting a plurality of blocks what it did is it focused on how those metal lines can connect in some circumstances to each in each main bit line within the block in each virtual ground line within the block and then the court interpreted that construction to require connections every time to the middle line overlay of lock connections within the block so there's really two types of collections we're talking about one of the connections is a middle sation lies being connected to the diffusion lives and the other connection is block to block absolutely your honor in fact you can absolutely the memory array depicted in figure nine which the court excluded is shown in the physical layout of figure eight so when you look at figure eight you're looking at figure not in viceversa so if you look at figur you can see how you have metal lines that overlay the block and these are labeled one twelve one fourteen and one hundred you can also see inside the block in the block as is shown between the lines the horizontal lines one thirty five at the top and the bottom and the patentee explain in the file history that that is a single block appearing between those lines one thirty five so you can see how the metal lines one hundred one twelve and one fourteen overlay and we go on past multiple blocks that if using lines however shown inside the block and in those are the shaded areas you can also see the metal contacts depicted by the square  one thirty four and those connect the diffusion lines within the block to the over line metal lines outside the block now why is that important first of all those connections are at both ends of the lot you can see that at the top there  actions and at the bottom there are three connections same is true they are nine the same is true in figure not in figure nine you can see one connection at the top and the attitude of the bot however you do not see a connection with the middle line through the  connections to the metal lines at the top and three connections to the metal lines at the bottom if you go back to figure eight you can modify figure eight to show exactly what's in figure seven by adding contacts t and then the blocks are connected underneath that layer block to block to block of lock and so they actually you might you might view it as running horizontal as opposed to staff at top of each other if you look at  ur blue brief at page thirteen you can see how blocks can be connected to each other using figure eight this is exactly how the block in the middle has the three contacts at the top and the two at the bottom the duple is a duplicate block at the bottom but it's reversed it's a mirror image and so the two contacts at the bottom of the middle block share and then and that's how you connect using figure eight multiple blocks one through the other figure seven you can do the same thing except that you're going to shear each of the three contacts at the top in the bottom and  six three six four and eighty six fox you know because in this depiction because eighty six dash one is pulled to ground by its connection through transistor ninety three and t line seventy eight eighty six steps one becomes a diffusion virtual ground line in other words it is a diffusion line that resides only within the block it does not go past the block well i was just simply tracing those lines transistors that doesn't have to do with the connection i know the connection is in terms of coupling the connection can be direct or indirect and fact in most circumstances you use of transistor to couple one line to another and i looked at figure none  is a diffusion line that runs if you look at and that would be at one end of the block and then if you look at line one hundred and line one thirty two that would be connected at the top end of the block as i was struck maybe i'm correct they just don't describe the language of turmoil and that's one problem the second problem is that could just a court misinterpreted that language to read out figure not and why that's why that cannot be correct if you look again at figure eight and figure eight just a few pages before in the file history from the past is that the disparate rely upon a defense rely on explained exactly how the figure eight and figure figure seven that's true in figure eighteen and that's true in figure nineteen that's not true in figure ny one or eight well the way you can see it you know what reason not to figure nine probably is best if you look at figure eight which is the layout for figure night the context are the blocks there have crosses and this is it eighty eight within a bog or in those lines themselves in the end are they connected so metals ation look to me like and figure seven there's no question about that and they even know the one on the top exactly exactly so the first were to mine which is which is one twelve you know has a contact point at the bottom but not that's what the applicant said in the in his it doesn't have to be but it's what's in seven nineteen eighteen i understand you know i was i was just trying to take the language th clear and unmistakable surrender of scrolls and at the same time you have the band heaving very very clear to the examiner saying i want you to be loud and clear that figures seven eight and nine invention so your interpretation reads nine out of the past and that seems to me to be inconsistent with the applicant's insistence to the examiner to say we'll figure nine if i may run i'd like to talk about the office action and the updates response because i do think that's the key here so what happened here on center office action which is in the file history in the appendix at one point or one page one or  the examiner focused on two lives and he the line people kissed on our line line to turn out to be seventy eight seventy nine he said first of all he objected to the drawings he objected the specification so the drawings don't number these lines they talk about lines in figure seven the specification doesn't discuss them i want you to number them i want you to discuss them  and they should be claimed so this is in one form or two he objects to the drawings and the specification because they do not identify these lights and talking specifically about the lines that make the these lines these specific lines should be quite now he's talking there are about lines seventy eight seventy nine in figure seven that's what he's talking about and that's that's clear from the office section and what did the applicant do the applicant amended the drawings by numbering those lines figures up the number of them seventy eight and seventy nine now those are the line the the  everybody knows what those lines are for right well the lines that were accusations will there's a dispute what he added was we believe what year was the the middle jason line that makes the intro black connection a connection within a block of one in the line surrender you have a rare example here of the the examiner as i said before identifying specific metals nationwide's saying number them mention of the specification and they should be quaint and there was no mention medals nation lines which conforms to almost everything this has been said so far but it doesn't say that there's no requirement there at the context or on both sides of the block and that's that they're connected by a middle  he had the language that you just read to train to claim but it's just as lame time he made the statement in the file history and the only way i come back is point the only way you can connect lines one and one line to the other at the same li within a block is with that context point at either end of that line that is that are the lines in figure seven that the examiner said those lines should be claimed and they're not in one point in the drone right there are connected up and they touch into either of the two data points on the bottom on the top and then those data points are connected to the next block that means that the bottom one line of that work around like is not connected by a metal zation line to the other end of that line that's what we're talking about here that is true for seven it's not true for ninety is true for he then amended to add meddlers ation lines and he added a language to the claims and in connection with that language he said i am amending each point as follows and he described what he is doing and his like do we know how much he had before a to thirty so give him for thirty year or are regarding the main appeal i don't have anything further to add to the  in the file history do i treat this as a medal is that's a great point your honor because the lines of the virtual ground lines in the main bit lines refer to in the snippet in the five straight have to be diffusion long and the reason is only those lines are within the block and the lines overlay the blocks and  meditation yes at one point they do but nothing in the claim language requires if this is a diffusion line within the block nothing in the claim language of turmoil and requires that there be a contact all of the embodiments figures seven figure eight nine figure eighteen all of the embodiment would fit within the claim language of terminal on all of the embodiments would fit within the patentee statement at a fourteen sixt not because all of the environments use the lines to connect plurality of blocks at their ends and the parents who made that very clear at fourteen to sixty five and fourteen sixty six in referring to of the of each block by required begin there are i mean if you look at all of the embodiments there are connections at each end if there weren't you would not be able to connect to the next block in a reading that didn't require within the block within the interpretation we think is fair we think the correct interpretation is consistent with for your language in the final history can be read to say that you have your connections within the block to a medal as a sion line but the medal is