seven the more committed legal error first in its construction of the term transferring statistical information based on such input he data and as a result of legal error substantial evidence does not support the board's finding that the two references him in it i mean it and stats football anticipate claim one the second error the board committed was in its construction of customized by the user to reflect this dire data under the correct instruction neither reference disclose a device that includes many base screens that may be customized by a user i threw responds the argument that your patent specification repeated slee sure to the information that to information that's gathered by the user and that's the way the terms used in a claim so in that context that the specification is referring to the gathering of statistical information but what that means what we understand that's immunity is that it device itself is gathering that statistical information elsewhere in the specification when the patent refers to the testicle data or statistics that are gather it's referring to data that is that is gathered by the user but in  the average of five seconds is very different from with revised calculations for example batting average average well for game and or other common statistics and so on but that wasn't raised before the p t can you tell answer it wasn't raised before the pita i don't have a cite for you but i can look for stand up next time you can i can find it and i don't have that off ok however the context in which we're using it in the brief is just to help explain the distinction between statistical information and data that's input it's just an example so it's not an argument well it is an argument it was the argument raised before peek at the argument that there's a difference between  information is a separate and distinct category of information that argument was absolutely does does was the only made the game states it's not qualify statistical information the game state information that argument came up only in the only end stats reply brings and it came up in response to our argument that there's no disclosure in stats football of the transfer of statistical information which we made in our p a response so we did not have an opportunity to make the argument in written form because it only showed up in the reply br so with respect to claim one term transferring statistical information based on such input data to a central database communication means appears in the fifth element of claim w term such in put it that data is referred to five times in claim one so the second element refers to a processor for inputting data the third element refers to a memory means coupled to the processor for storing input it data before the element refers to a display means coupled to the processor for facilitating the entry of such data by the user and to fit the element refers to transferring statistical information based on such input it  claim one different category of information it wouldn't make sense to say that information is based on itself that just doesn't make sense it's going to be information that's sent can be based and as it's used in claim one that statistical information is only information that's based on information that is input it is never gathered by the user and we know from the context of plain one that the data is the only thing it's input by the user so the board and stats point to the preamble for example which can include the language the you mentioned which says a device for gathering processing and distributing  tical information but when it uses the term gathering when the preamble uses the term gathering it doesn't refer to the use or gathering that statistical information  interpret the claims of letting your specifications your honor the specification actually does not use the term statistical information as gathered by the user if it does not use that term so every instance of gathering run for five yards so if the machine calculates run for five yards so the the previous information would be the players are on the twenty five yard line then run five yards and the machine updates that to be ok now we're on the thirty yard line that's not a statistic it's just a current status of the game at that point not the data that was in place the data that was input it will be run for five yards and what the machine is reporting is now you're on the thirty lot mark line where previously on the twenty five it might just be addition it might be simple but it is a calculation that manipulates and changes the data but it's not a statistic one and that's the key point why because a statistic is something that it's a calculation and the specification calculation but simply a calculation doesn't make something a statistic a statistic has to be something that is a batting average is a statistic goals against average is a statistic where you are on a field is not a statistic and this describes bowling in a bowling game and data automatically being updated by the machine it calls that inputting data so that's an automatic procedure just like your automatic calculation of the current  game state so it's not a statistic however a calculation is performed here at appeal in particular as my friend said the appellant's position hinges on the construction of two particular claim limitations statistical information and customized with the court permission i would like to address two main point here is that the board's construction of the term is proper and even if you assume  determination that it was that's a factual determination find the poor and it was based on for example the expert testimony from from both sides and the way that evidence and it would understand your state so your argument but when the board said it was deciding that the stats referenced anticipated it said accepting his claim construction anticipates his claim section doesn't include the idea of this just to go information includes a single data point the board did not make the fact that statistical information includes a single data point because they predicated that sentence with accepting his claim construction which doesn't concede that point claim language itself and specification including the abstract which was first in this data transferred and it also has many examples of entering statistics into the device it will turn your attention to column six of the  experts seem to say is that after the game they say what somebody says what are the stats and they say with three course goals were scored potentially that's that's certainly one of the uses of this information  shot was taken from do you think that that is restraint is that where the shot was taken from do you think that within the scope of its claim we don't think that can be correct how took seven shots from behind the blue line and that would be statistical information i e from whence the shot was taken that that certainly have produced a sickle information and that would be based on the data but just one issue in the ring time that i have he not that the dependent claims eight ten to twelve in thirty were found by the board to be obvious over the combination of stats football and the you're welcome and i'd like to respond to a comment made by mr baker sent about the factual finding of game state information he said that the board's claim construction was supported by substantial evidence and he pointed to  that statement so there is not sufficient evidence to support a finding that aims that information is to testicle information churchill also asked about the game section of the specification and whether that section of the specification mentioning the entry of game statistics means that statistics can include input data the answer to that is also you know good if it's calculated from the input data how is that the limiting the mean or excluding something from the specification of kneeling in front because what that does is it changes the use of the term statistical information as it appears in claim one so in claim one it says that the statistical information must be based on the input it data and if that portion of the specification is used to change statistical information as it's used in claim one from something that's other than a category of information based on the input it data then it is importing a limitation on the specifications and it's changing the meaning of statistical  hockey line had taken a position that that input data could be a part of statistical information that's not right hockey night hockey line never took that decision and what he's referring to was not a complaint instruction that hockey line offered average when everyone knows how to calculate a batting average or goals against average or any other comments that six and in a sports game like what this device would be used to help calculate