for the past year year and a half in my chambers and can personally attest to his qualifications to be a member of the bar of discourse so i'm very pleased to move which teaches storing all memory in one operation based on size the memory apple consume meds the president mentioned is quite different from the prior reference teaching in many respects such as the selective storing of each or i which is what the patent is directed to and what they're explaining in that is the selectively stored memory contents the selection in zero value is not stored and simply a placeholder exists such that you're not having to save zero values and take up memory space and it makes it much quicker what evidence explain that the saving process after you make a determination of whether it meets the pre determined criterion goes through and checks each memory content of the b c i had to be stored to determine whether it h the whole discussion there is talking about how you save a block of memory that comprises the b c s it's not talking about saving the entirety of the memory and scanning the target memory back that it would be somewhat nonsensical since the post operation sets all the values of memory zero and then the bias depending on what flavor of you're running whether it's p c bias or some other basic and without that system then goes bios windows ninety five but importantly the specification also says that the descriptions herein may refer to terms commonly used in describing particular computer systems and software such as i b m personal computer and windows ninety five operation systems the concept equally applied to other systems and software so clearly here it's not limited just to p c stuff based  at the time that was the easiest prefer to buy that for them to walk through it was well lit and well used by by many people at that point in time if you agree with me on any of the selected portions of main memory selectively stored portions of main memory or boot process then we're back on remand in order for apple t prevail they need to win those three terms the rest of the term then it's going to be a hodgepodge of whichever term whatever plane has what term in it and it's going to be we're going to have to determine based upon whatever construction we get at to what plane survive and in terms of time it has a defined in terms of the operations that occur all of the operations that occur as a direct result of pricing either the power button or re background operations perimeter setting up that system that are happening after those two events happen and what is the background things that are occurring after setting up the system well for instance files that are running auto exact dot that those are application files that are being run automatically those files may not those applications may not be completed running but that is not  doing processing it talks about or even figure for what i mean you've got the user applications at the end of the line so where do you explain that a lot of other things are going on after the use purpose and the purpose is to bring the system up to a usable state for the user and you say when power is applied to the computer system the computer system starts to be boo operating system and thus is brought into a known useful state in which application programs can be executed this procedure is generally called tuning and then you go on to say that your  that is correct however that again is simply a general description of the process of moving it does not say booting and when the user application is available for use nowhere in the pa getting the personal computer ready for you correct but the computer can be ready for use before the end of the booting plus there's nothing in the patent that says that kid happened in fact the auto ex specifically would allow that to have depending upon the nature of the application is included in th yes setting forth which one and so if you disagree with only on the selective portions one that would leave open the claim set thirty three to thirty six and fifty five to fifty s but you should have disagreed with the district court on that because the the the specification and the prosecution history make clear that in order to pick the contents that are going to be say every portion of memory must be searched that does it does it make sense if you've got if you've already got a configuration information say does it make sense to go back and and look at the portions of the memory that were not in that configuration will the question about selecting the portions judging mally occurs when you're when you are going to save a blue configuration information so the way that column five works it explains that selection and respecting my colleague's mis reading column five the only way to read this paragraph that starts  at at line five of column five is as the process that selects the contents that are going to be stored of the whole memory and then that points to the sentence the contents of memory block of a pre determined size are first examined and are then saved to the did if the memory block is satisfied with the predetermined criteria and in suggests that the being referenced in the first and so and that's make clear if one goes down line eleven to be the difference so in other words we're now being specific we're giving the example in this embodying that of the pretty determined criteria and that pre determined criterion is the non zero contents and in that search it's done while scanning every memory segment judge milian not every portion of the b c i knew just how they want to read it every memory second and that is shown in the in the figure six on page eight twenty eight and that's completely consistent with the prosecution history where in the part that judge well it referred to in order to overcome multiple rejection of the  said we are different from les les searches the memory for size we're searching each portion of memory for content and saving only some of that on that and as he says that talking about selectively stored but they also clearly equated these two terms in the prosecution history and clear from the two previous pages which is a thirty one forty six in a thirty one forty seven started in the middle of a thirty one forty six what's happening here examiner said i don't see anything in these planes directed to selective storing and what does he have a can't say the apple can't says oh yes there is language in these claims that is the same process as collective storing and then equates the two terms and the content is the same and i'll walk you through how that where that is so in the middle of page eight thirty one forty six the apple is in the two talking with a very significant african talking in the brusqueness mr lane forth where the world what their patent covers the examiner stated in the office action that there is no plain language directed to the selective storing of the contents of main memory in these specific claims apple can't respect we disagree and submit that all of these claims include language that is directed to such an operation to the same process not a different process not different searching same searching and then gives multiple examples and significantly those examples make clear and be quite but to claim terms that issue before this  the selective content with the selectively stored in for example two of the clearest examples of that are on a thirty one forty seven starting in the middle clean twenty eight includes restoring step telling the score about and indeed in the district court before the special master they adopted their claimed instruction briefing for one term for the other they equated these two terms even then and only started to try to split them after they lost for the special patent for this process of how the information is selected to be to select a portion of the memory to become to configure in for any configuration information is that every memory significance can so there is no contr it in the patent to this prosecution history language that clearly wait to take right let me let me ask about the process yes it's in looking at your experts testimony it seems to me that instead of your expert testifying as to what a process would mean generally to one of the only art at the time your expert was purporting to engage in a claim construction  because this is as clear as a lexicography as one gets in column one i'm trying to understand why this matters is it true that the booting process normally really doesn't end with the presentation of the user interface we know our expert testified that if that was consistent with one how one would schoolyard would understand it and it matters because they've conceded that when they if that's the end there's no there's no infringement in the ba definition right so you're booting process doesn't end at that point i'm trying to understand when you're stuck i don't know the answer to that can hear your honor but the but the patent clearly gives an end in the definitional phrase in it says this is generally called booting this process is generally called booting and in particular the language your honor points to my colleague starting in line thirty one of column one when power is applied to the computer system the computer system starts to be booted to load an operating system and thus concluding stuff is brought into a known useful state in which application programs can be executed this procedure is generally called  quotes this court case was that that's the way you define something and not only that it's consistent with the rest of the patent so the same definition it's consistent with the descriptions in the summary of the invention in column three the first full paragraph which starts at line six to achieve the object of the present invention also describing the entire image and not describing any kind of embodiment the present invention in the summary of the invention provides a method for quickly booting a personal computer system and then it ends with loading a graphic user interface to each program that's consistent with the definition that's consistent with the  all of the figures in with running the gui program on a twenty six in figure four and this is consistent with what our expert testified our at the expert testified in his deposition at eighty four  eighty three that said at the beginning when the when the gui is at the beginning of the running of the gui program in the end of the boot process so that the discipline construction is clearly correct is a matter of ordinary meaning and as a matter of this patent there will be no basis in this record to reverse it because there's nothing in this patent that describes a meeting process that goes on and in fact although they clean that they are who the process has been in that some point area necessary for system operations yes room and this is just a i don't know maybe i just don't understand but can can an area have contents that are necessary for system operations as well as content are not necessary for system operation well i think that between would be mutually exclusive which is the web and that's what i'm trying to figure out i think the two are mutually exclusive which is the point of the saying the x then good memory which the parties have court correctly reason you know if it's not use part of those things then clearly it's not part of think of the areas of memory necessary for system operations ok and you know questions ok thank  shared yes sure if i may briefly was the first to address the area necessary for system operational issues the mistake that the district court made are a number of steps that occur after that that are necessary for system operation and in fact one of the things that is necessary for system operations in the preferred embodiment is the use of extended memory because it talks about you have to load the windows ninety five specific drivers through the use of extended memory yet can't get to the end of the booting process even as they've defined this without loading those drivers so therefore saying that it doesn't include extended memory actually disclaimed the preferred embody and cannot be correct and there's another of a number of other reasons we and the selectively stored forty they are the same contents nowhere does it say they are the same thing in terms of how you get there the patent was explaining to the p t o the examiner that they are the same content now one last point nine five i mentioned it online and initial argument but i want to bring back the issue again the with respect to the end of the bidding process apple's expert said it was at the start of the geological ot the district court said it's when the user can use an application which is two steps down the road from that so in terms of where does the booting process and the booting process ends when all of the operations that are necessary that have happened as a result of processing the power reset button and that is not a great how does that square with your experts saying that it can go on for days or weeks well simply put it could if you decided to go against the exact teaching of this pattern which was to speed up that process trying to speed up the process of booting it could do that however one of skill in the art would know that that would be directly contrary to the teachings of this patent would vitiate the purposes of this  the purposes of this patent are to get the computer system up and running as quickly as possible and it does that by utilizing stored configuration information called  when there have been no configuration changes to the computer rather than once again running through the programs that would result in the same configuration entries into the into the into the memory one last point on the apple had argued that the pre determined condition for selected portions is the memory contents that soon after the patent is clear ram resident program checks if there is a bio that contains the blue configuration information in a disk and saves the current boot configuration information to the dentist if not that has nothing at all to do with what the contents of the boot configuration are it simply is what is that registry value that tells us whether we have selected portions of memory contents or not thank