find to construe the claim according to the subjective preferences of the practitioner the board said page eleven the person is simply not going to do that despite the fact that at least one is explicitly expressed in the context of example in the specification of this very thing example three in that case a practitioner would infringe this claim if either of the desired sex characteristics that were being sorted and collected were to take into consideration that every single example in the specifications in which a sort rapist's rest of the specification actually expresses that in terms of the rate of sorting twelve hundred sorties per second do you know if i see the most flow was sorting you know both x and y cells at together relation to this reference to the brand new site common are called the most loving is right so now i'm trying to understand well what is it that it was specifically sorting out how was it just one particular cell out of many many different looks like virtually zero one zero two if not an actual one of two because it uses the most flow cytometry and it says use the johnson method with runs as nozzle and it can get one thousand nine hundred eighty four sorts per second which is which meets your twelve hundred sorts per second and then it says in example number seven that it had successful results with that particular embodiment mo flow cytometry johnson method one thousand nine not prevail and we agree with the board's construction if you don't have any branches is clearly supports the board's obviousness on it does not come back to what i said your honor the board relied very heavily on its finding that the difficult to me that the board did that to us repeatedly and suggesting that somehow in the description of the preferred embodiment of the of sinners or clearly arends  three where it says that in that example they were getting these very very high sort rates for each sex so does that support the idea that what this claim is really driving at i mean i find the text of that claim a little garbled i can read i could read a lot of different ways of getting to that example three what with what you have to say about the great briefs example three which is the argument and the great grief that every that they're really focused on here and i think the answer is three for the generic disclosure of in column seven consistent with what those in the field would expect then you get to the working examples none of which by the  more and explain that there is the other side just told me example three of them as much less than twelve hundred per second well some are less of it and then they go and then some are more hints and some well in the specific example you mentioned  twelve hundred sorts for second is mentioned in the same sentence that refers the reader to the five hundred so now i'm talking about your examples you forget about concept i'm talking about your example in the examples some is there any example ok there examples or honor that later in the specification yes the labeled examples the twelve hundred is not there ok the twelve there is all of them are less than twelve hundred shorts per second for a particular sex in the detail