tastiest and sake say we believe that that was error or that the inventors in no time attempted to put the work safety into their plan and there was no support for work and this will see you cats and dogs don't do it for it seems to me you've got two references here which might help you one of them is erota in the other one is a d m and her rhoda talks about head if i may there was no dictionary that said that that was the issue there was no dictionary definitions that plea for regular cat was a dictionary definition for regular which meant the and that was the only dictionary definition that went  up and he doesn't want to see anything more points down the very second row that referred to old sites so the fact that rogue doesn't specifically say oh crisis in infectious diseases and injuries of the skint and i think that showing that you're applying it to the skin i you know if i didn't you're applying it for the skin but it could be skin elsewhere so that it goes into the bloodstream and fights the infection on a systemic level that's the very reason why this patent added that not only do you apply it topically but you apply a top three to the area affected with the bacteria but injected into the middle here if you need to and that's it you know counsel you're already into your rebuttal time i would've thought that what you wanted to focus on and leave with is the weakness in the judge's  rejection of the obviousness case that you presented and instead you're talking about cats and dogs in anticipation which seems to me to be far off the center of gravity in this case you aren't answering the questions that i would ask  that there is no basis to overturn the district course judgement in this case what about what about what about it being obvious over against which which seems to me clearly teaches  theme drug or that there are equivalent ok understood why isn't gay and if you would make that assumption anticipatory because you cannot assume that the administration topic of  patent on that in the biotech just by having the feature of having run that i'm not saying that you are saying in this case it's not because the entire basis for the invention it's throughout the specification throughout the prosecution history that in the air and it was post run for such use in the late one by the end i don't understand i mean here's games and under my hypothetical we're going to assume it's the same in a biopic and it says use this to treat ear so the record is clear again this is an article published in a german language there's no translation in the record the only thing in the english language is the first paragraph summary which is on a eleven five ninety nine it's on the left left hand column at the very beginning of the games article your honor and the last two sentences of that summary set for local treatment in the ear they should be used only in diff of just this treatment mode must not be used to replace proper cleansing of the ear or necessary operation and that's all it said and in and it was a disputed issue of fact concern the first paragraph which everybody understood because it was in english is a question of whether defend their met its burden of proof by some it needs a simple matter  game is oracle even with the english translation it was never the original record on which this court can overturn it's clearly erroneous a finding of fact made by the district court who for reasons  n only to the defendant chose to rely only on that one paragraph in which summary in the games records and fact that was a contested issue of fact the subject of a different viewpoint the experts and the judge credited the testimony of that and she said and there's no showing up heal as to why that's clearly wrong when in fact there is evidence to support the view that ends and again assuming i continue to assume your hypothetical that even if it didn't disclose of flaws and there's no reason to assume that to make that something but even if you did it there's no there's no clear error in what the district court family that dance teaches that way from the bench and based on this record there's so patient testimony on games that supports super blocks and remember dr robinson talks about