the left of the terminology store because it modifies store is the functional limitation of the p t o as interpreted you understand summary to me the summary is an acceptable database in accordance with the what the p c o s said is here's a display in the prior art and at some point there's there's information which we can characterize as a summary and so therefore that's a summary story and what the claim is saying is we have a store and it stores identifying information and it's also called a summary store and in the patent specification we have a summary store we have a profile store we have a mail store we have different stores and we can just assume the summary store store the stores summarized information department claim something and claim says that test or partial you know i i agree with that i'm talking about so the functionality of the summary the way it's described in the specifications as a significant aspect of the invention is it functionality as an index of all database that works in cooperation with an intermediate server so the whole point of the invention is to have these they call them select and some bring into your view a summary store store that stores  the motorola's interpretation is that the summary story at the very least isn't accessible database it's not a buffer memory that's associated with the display which by the way the difference between a summary store and summary index stor i thought his definition of store and keep summary information was adequate under these claims but you seem to be pushing back and saying no it's not so help me understand why not well i think in some  position is that by by the inclusion of the word summary in the claim that meaning is already imparted to the claim we could have just set a store which has identifying information but instead we call that a some reason or no please say a separate store to store identifying information so you make it really clear what the purpose of the summary story is right in the claim now and really where we make it clear work is stored in the summer store for sure but still again we could take the word summary of the claim what we're looking for from the patent office is what the word summary mean and what they've said is well let's treat summer as if it was on the right hand side of store so that refers to what stored in the memory and it can't mean that because we know what's stored in the memor motorola sophisticated enough that they're not just trying to claim any memory that relates to any electronic device in existence it gets down to whether or not some re store is a reasonable interpretation based upon what the p c always said to treat from the i think it's called the mobile station it's passed from the mobile station to the pension computer which is with a thin client which is more or less just a display so you're receiving data and it's put up on the display you're not as a user picking up the is that list is a summary and what we've said is well we're not talking about the data we're talking about the function of the memory so the summary of the function of the memory i don't understand sorry try and ok so the display buffer is just receiving a l because it's not a database that the user has access to but it is it's a list of urgent emails therefore it is a database is a memory which contains a list of urgent emails and the user can access it by clicking on it and thereby retrieving the particular email agreed but that's accessed from a remote server so you're seeing a less than your sending give me e mail number two and that comes from the remote server it's not a lot like storage or cold set a timer store to store identifying partial e mails not in the claim i'm just explaining how the one having regret having a list of headers would satisfy the client well but they're not sort of the memory those accessed by the user for data management purposes that that display buffer throws up what what that list is on the display and then you select i want the mail is that list of index it's not indexed in a database with an index in a sort of vision but we're what we're talking about is the functionality of the memory and how it's structured together with the controller to operate the invention which motorola is called out as whatever the design is it's important to have that summary index and you have it going to end of the equation here so that you can  coordinate which e mails you want sometimes there's partial over here sometimes there's partial over the over on the other side so you're synchronizing the email so so you need that user accessible database in order to accomplish what is the invention so what you're saying is that occurring on the screen is data which would make up which could well be all the data in a database but but it's not a database so it's not a database that the user can here's a list give me an e mail number two email number two is sent it's not ok you have email number to an email it's a partial storage updated so i have the full email locally that i can access later that the database function of we know about the host is stated in the claim and that at a minimum the data units that are not sent are at the hoax so the host at a minimum is hosting data in rejecting the claim when the patent office says they pointed to an intermediate server that doesn't host what they're identifying as corresponding to the point in this case which is now and then when we pointed that out to the patent office they said well the host doesn't have to host anything and so what we're really asking for here is the futility get some device does those are the words of this court this isn't apparatus playing every argument we heard this morning was all tied to function mr methuen kept saying well summary makes it tells us what the function like the storage is now he's telling us hosting is the function of those well the host is a server as mr mcewen told the board and admittedly the server when it functions as a host does certain things i suppose it talks to multiple elements or something like that but that is the function of the server when it's hosting this claim does not have a host as a positive element of the claim claim one in their patent does this claim doesn't this claim therefore doesn't even require those but to the extent it does require those all that requires destruct a remote communication device that has a memory and yes that memory has to be able to do what the claim says it has to be able to do but nowhere does there have to be a host is actually doing that in other words as a claim store to store identify could receive information from a host and story that's all that's plain reason to claim one of their patented a system that has hosted now for that play and you have to have the host there they're claiming the system and let's remember what this invention is the invention is a way to move emails from a when that email that e mail comes back down that's what motorola's device and system does that's what hoshi's devices system does in this particular claim motorola's not blaming the system nor is motorola claiming how the system functions motorola claiming one and only one thing a controller of the remote device that has a summary story as long as a device or a remote device has a summary store in it they can do what this claim says it needs to do then the claim that device is within the scope of this claim now we don't even have to rely on that view of this claim we can go deeper because hoshi does exactly what this claim requires now mr mchugh instead of a couple of times that he wants us to give way to the word on the left of the word summary summary stuart well if you go and you look at the zero six pattern where it defines what a storage devices that column five which is at a thirty five record it says that this left the summary work as well as the way disclaims suggests it works is that what the device has on it is a summary of the email it doesn't have the full text of the way either the display on the device the future is holding now they would say i think well we're not talking about a display we're talking about some other component within the device it's not the display but the fact is that this coin doesn't talk about multiple components it doesn't say we've got a display we've got a receiver we've got a processor and we have a disorder device over here that's what hoshi's that's what the penn station is so i don't think it's a terrible leap of logic to say there's a memory in there somewhere but what we know is that the display did not instantaneous it sits on the display long enough for user to look at it which means the information home i'm not you know the person passing else who's having the plain meaning of hosts to me implies that you are someone who is posting something i tard for me to understand the now or happened a week ago the fact of the matter is hosting is a function it's something people do or something servers do well it's served this case referred to as i now not a function not if we have the same thing the prior art and i think mr mcewen said it best in his grave or you were he said a host is a server having a specified function that is what gets us a hoax these two things the structure that can host and the fact that it's actually actively posting at that time that second half that's a functional limitation that doesn't limited apparatus playing if this plane was to an camera that hammers nails and i find a hammer that for the purpose of creating class that hoshi's memorisation server does happen so that ok yes no i don't really go there ok so hoshi's structure has three components in it and the first component if you're looking at the figure the component on the right is the mobil station server and the way hoshi operates it has a server environment for for example hosting mail inside an office with the building and wires and computers and then with hoshi says we'd like a way for people to access their mail remotely and so pass on this extra structure and the structure he calls the base station in the base station the first thing at the top is the mobil station server and what the mobile station server does is it compiles and produces and filters the emails for the remote says the main purpose of the server is to transform the data sent to and receive from the mobile station so it's if the server that transforming the data sending the summaries if you will host is a server that is capable of hosting and then let what is posted keep posting is the way the patent uses the term is a functional requirement the way to patent it is that i have these devices on one side and i have the host on the other so i want to host  communications function in some fashion well no we have to perhaps deal with something that has a core communications function that's the way their system works best way hoshi system or they have to have a storage capability i don't i don't know your that page nineteen i'll read you what they say hoshi's mobil station server does ok a mobile station server rather than and then set to intermediary server that receives why isn't your argument that a sign that english and the m s s is a house because it's receiving emails generating a list independently and posting something in it and sending it out so you can say whatever the definition of host is they've made it you need in the board for i mean the board made its decision and i mean we can't stand up and say our rejection is right because of their admission it's not based on their mission it's based on hoshi teaching and i agree with everything that your honor just said what the mobile station server does anything i see you agree with me but is there anything i've said that is inconsistent with the board's decision no i didn't think there was i don't like that there is an issue is completely consistent with the board decision it just sort of reinforces why there is in fact a host present but if i'm somehow on a little creating a reason that the board didn't you please tell me because i don't want to do that that's not fair to the african you're right and you're not there's never been any dispute in this case that the van or the board are brief all treat them of the mobile station server as the host now i think what's happening in hoshi systems is there's really two folks there's the global that's hosting all that email and that perhaps has all the information about every email and then there's the mobile station server that gets the host for the remote device now the mobile station server is where the summaries are compiled the emails are filtered so i think we can trust just state that the mobile phone server has a memory for the information it's creating and maybe it goes back to the main post to get the information about the email but that doesn't mean the mobile station server is not serving back to what i asked her and i said cor communications i think you were you said well there's a vailable communications apparatus out there somewhere but but focus instead on the work or is not most always of course in some fashion the hosting or i mean all these components are communicating with one another right so the folks as acceptable served always so the servers communicating with multiple things at once the only reason i i think corrected your arm is because here we're dealing with remote devices that are the end of the cellular network so we actually have to have a more robust transmit data across an r f network as opposed to just the regular output that would come out from the server so the server absolutely is communicating with the device but i'm not concerned with your patient i'm concerned with what i would call a core function if you were di wire diagramming it a host would always in some fashion not it wouldn't just instantaneously transmit although of course it  might but that it would have some function of its own in some fashion it would have a core function of something it would have whatever functionality is required to serve as a server and here as long as the remote device capable of getting that information storing it allowing the user to select from it and then going back and getting the full email we're not only have something that's within the scope of the claim we have something that performing the exact invention record well i think that's i think that's incorrect the windows based system is the workstation the pension puter back in the mid ninety's there were not paying computers that could run a windows operating system so they were thin client windows systems used to the right  so getting back to why the p t o said to the host doesn't have to post anything because if you're if you're identifying that mobil station as the host it has to have the email it has to have the data in it for going to consider the data and email what it has is the list it list of what's been what's sitting on the server which is the host which is where the email is create the list which is mete data and send it to the pen computer it doesn't post the email and that's what the claim requires the host has to have the data units which are get right if if the servers transmitted the whole email then yes the probably stores it somewhere but we don't know that from from the p t o rejection or even the hoshi of the whole she description doesn't get down to that kind of detail thank you w