construction contrary to clear mandate cases like in recloser more recent cases like microsoft the proxy count these cases emphasize like jose chan emphasize an earlier case that you can't construe the claims in a vacuum you have to look at the specification the iranians claim construction has in fact each of the one of two and one of th rejections involving the balance these redactions should therefore be reversed and the case remanded to the p t i know you're setting up your appeal right now the claim construction  case but if we were to conclude that any bauer or there's substantial evidence to support the filing that need power disclose that it's only the founder when it comes to an unlisted club that can invite members and that members of the on list don't have the ability to invite new people to become members of the unless the club then doesn't that resolve th question and we don't even have to get a claim construction issue no no your honor what what happened here this is a dispute between the parties about how an unlisted yacht club works we say it works one way they say it doesn't work that way the board the p tab instead of resolving after actual determination saying yeah you're right or the other side's right they punted and they basically turned it into a claim construction issue and that's evident from their decision at a non line where they're uncertain claim fourteen for example this with regard to claim fourteen we know that claim fourteen for example does not require the physical reality of other users are not permitted to invite numerous additional members so the peace have in effect construes claims  using a double negative as in the claim does not require that the plurality of other users can't do x this means that the x and x is the way that we interpret the unlisted yahoo club can invite numerous additional members and that those additional members of pain access to the content without mutual consent with the first user and such an interpretation is inconsistent with the plain meaning of the claim language and more importantly it's also inconsistent with the specification for example that interpretation seems to returns like mutually consent exclusive access accessibility out of claim fourteen moreover there is no win by unit disclosing or specification that operates in the manner  don't even look at the stack they said affectively we see there's a dispute between the parties about this factual issue we say a yahoo a mostly yahoo club works this way they say it doesn't set resolving that they can factual findings about that they turned it into a claim construction issue and in doing in doing so they made an error because they didn't look at the specs and they did determine if the specs are spack supported that know this is a page associated with what we call a content management website it's what is referred to an example of what is referred to in the claim as a first web based interface mobile web sites which are examples of what are referred to in the claim as second web based interfaces are generated from this content management site the content management site is built on a user account basis it's locked down per user whereas password protected no other user in our arrangement can change the settings of  figure fourteen relates to the first user setting the controls right so this was going if later on in uninvited or somebody other than the first user can can issue an invitation and provide access then isn't that the case that access is a limited to just the first user well the answer to that your honor is that the first user ultimately decides all access issues with regard to his or her mobile web site it could be but then later on this like somebody decides the rules to the house and later on other people other other invitees can invite whoever they want to into the house right yeah but that's up to the that's the interesting thing your honor you raise a good point that is how an unlisted yahoo clubs works it's on listed that means that people have to be invited to join but you have to look also at how the people get into the club after they're invited there's no mechanism in the unlisted yahoo club that allows the founder to pass on these folks yes or no before they get in the way it works is they get in automatically so as you have the invitation in your hand you get in and without the knowledge of the founder without the the consent of the founder other new members in it i mean that makes it sound more like a with the club than an unlisted yeah it's interesting and this is what the dispute is all about if you read the references in detail i point you specifically to the bottom of a section to ask other persons to join your club the member tools are available to all members that's why the po member tools every member can invite as the founder of the club you'll also see these options in the admin tools the founder has additional it isn't necessarily something that's the latest to a particular club where you are a member of that club but member options is really related to each individual person that might actually be members of the whole series of different clubs and so now through your member options tour you can you can edit all kinds of things about yourself in relation to all these different yahoo clubs that you're a member of you can but the important thing is that you can invite other members the reference is clear that the invite option is part of the member tools they call a member tools because available to all members tools available only the founder and we don't have to rely just on my interpretation of need power because we've got another reference in the record it's called help if you're into little time you can preserve it or continue and i'll continue on just for minute to finish my point about hill hill also describes the same thing and if in the record i point you to a nine seventy five at the top of the page words it describes after you step you start a club the club is in the subdirectory at this point unless you choose to make it private in step five above that's apparent that a call and then after that and you can start inviting friends to join it using the invite friends links another parent that a call you may access the same invitation page at any time using the link under member tools as described previously in this chapter that's specifically saying that both a listen and almost the club have the same member tools for invite i'll stop there thank you are unlisted clubs special in the sense that their place where people can privately share information and by invitation only very critical important distinction if you look to the record it paid a one hundred fifty three you know that chapter twenty one points out very specifically the difference between an unlisted club and a list a club is that you must be invited to join an unlisted club and distinguishes it in that way from the normal process of joining a club at the same time the real question is why who you must be invited to join the list a club by rule by the correct answer or by anybody that's an insider i think that the most logical interpretation of a reference is that it is by the founder of the club because again the point is to share with a private family to have a private place for people and share information however even if the court were to find that in fact there was a disclosure is that person b so a invite b and then the invite see that doesn't change how the claim is actually read or what the claim actually meet their excess ability rules that are separate from the designation of users who can become a member of the club how to know what have you conflate the two and say that the accessibility rules are the designation and therefore it can only be the people who are invited by the user who creates the first web based interface accessible to a first user a who wants to create a club in yahoo the first web based interface of yahoo team configured to permit a first user to designate  other users i'm going to invite b and c to join the club that i'm going to create b and c will then share access to content with the first user in accordance with accessibility rules established by the first user access ability rules are did i make my club listed or unlisted if it is a listed club excess ability rules are that anyone can join so long as they are a registered yahoo member and affirmatively join the club accessibility rules for unlisted clubs are if you are to understand to believe patent owners version of the interpretation of yahoo that the accessibility rules are you must be invited to join the club whether by the first user or by a previously invited user that means excess ability r itself provides the of beliefs for other users to come in to your example of a house the rule is i get to decide who comes into the house but then once those people are in the house i give them permission to invite other people to the party question that there's mutual consent there and knows when to be move on to invite the c comes in a always has the option to turn away to say see i didn't want you here it was always my decision to not have you be a part of this house i know you just walked in but i want you out and that is the sickly pointed out within the record at for example but not limited to a one fifty eight which says that the user can always control who is in the club and more importantly a one sixty that indicates the creator a always be allowed to do lead members and so she says i would like to be in this house i'd like to come in and a says no i am leaving you out you are not allowed to be in the green does not get into the house but the claim does not require a in the claim itself it doesn't require that mutual consent happen before access it just says that by the time everything is finished there is a group of people who can access the information and a group of people who cannot and so a and c have decided c wants to look at it a says no you can't look at it and even them that means that you have now established a group which can look at the information and a group which cannot look at the information and so even under the stra analysis put forward by patent owner the claim still reads directly on eve our reference and maybe our provide a content management website that allows you to create a club whereby the club can be limited to invitation only and there is consent of all people even if a secondary invitation is mate that doesn't also not change the facts and i'd like to point out very specifically of h p v music which specifically says that if there are embodiments of a message that takes care of or anticipate the claim it doesn't matter that there may be some other times where the claim is not met and so there's always the reasonable chance that a invites b n c and that's it b and c except there's mutual consent and a group is formed that has exclusive access to that content and music would say that that premise alone provides anticipation i'm just saying that goes even beyond that because they always have the ability to control who maintains themselves in the house person  what you have to say about that the next four or so on a nine seventy five i think the thing that's most important about that is a nice seventy five is talking about what the creator of the club can do not what other members of the club induce a nice seventy five specifically is talking about what the founder can do when he is customizing his club and so this is founder abilities not other users bill if he's trying to conflate the two together so  why we're looking at a nine seventy five facebook is just wrong about that this this is describing the start up of a club that's the invite friends link they refers to but it's also says you may access the same invitation page at any time using the link under member tools as described previously so this passage here is specifically referring to bowl private property unlisted and listed clubs and it's saying that all have member tools that allow people to invite going to judge hands analogy to the situation the problem here is a facebook points out that yes the admin can remove members after the fact but what is the at what is the what is the founder supposed to do founders of post of spend all their time monitoring who's coming in and who's not you when you get an invitation to an unlisted club not from the founder of a from one of the other members all you have to do is respond to that invitation and accept and you're in the club you're in there's nothing else to be done the founders got to say he starts a club with five people and he thinks he's having a private conversation and there's text they're going back and forth on the club page with messages all the sudden some other message pops and it's a guy that just came in because someone else invited someone else invited him he accepted those folks get in and they be important thing is they get access to the content without the approval or consent of the founder these references are very clear the founder twenty one nine and let's s a one fifty four you get this when you get your invitation this is the link it brings you to yes i accept and you can even insert a message so i am in my allegedly private club with my five people that i personally the bottom line your honour's is that for whatever reason yahoo designed their yahoo clubs to encourage widespread membership by keeping this having this invite function available to every member and not controlled by the founder it's that simple the board you can see there's a dispute between us the board didn't resolve that dispute by making a factual determination instead the board turned it on its head and turned it into plain construction