this i know what we're you know looking back to nine hundred sixty because this is what we're talking here is the combination of digital imaging with thermal development and the starting date for that being a possibility obvious to again sixty six all of those benefits of solvent development were well reported if anybody actually could really work and the idea that you would take a developing process and get a great even in a analog detail new technology is absolutely counter intuitive and the notion that what they found and what they found was that with the digital imaging the thermal development actually gave alec that limitation and the applicant said look at my example some do and some don't and when i went to the board on that legal issue they said you're right the examiner has not borne his burden of proof on the issue here c and the rejections were reversed it was not  that the prior art did not include the deal and healing process and you called it in your term critical and dealing step that the cases are legion with disclosures that describe the preferred method of making it is the prior art and disclose our cards in the three thirty publication specifically an example one at appendix twenty nineteen that additionally was disclosed by world the predominant ones disclose example one of the three three publication example one of the five of the five hundred patents of were the exemplary once i feel sixty nine hundred was in fact used in  explicitly twat this particular conversation specifically at thirty four twenty seven there's an article in converting magazine which indicated that vision is the date of the article genuinely two thousand which is discuss now why aren't there enough factual issues surrounding those secondary considerations to say well maybe that hard drive us to say there's a problem with summ talking about wife you know one of those four chains you want to show some nexus that that drove that this isn't that kind of thing i mean the reinvention was was really much kept pretty much kept the product pretty much captured what we're it's ten seven fifty he said it only showed total sales over a very long period of time two thousand to august of two thousand and six it was hill's were ninety thousand ninety million dollars it only showed  but that my point is that it needs to use special marketing techniques to drive their commercial success it wasn't the invention before your time runs out i ask you to address the seven fifty eight have your friends argue for respect to me here and  plates i think would be a very close call fortunately we don't need to go there because as your other noted the board itself relied upon the argument of ealing to love these claims in the first place it must be a requirement of the claims otherwise were there trying to do it and we continued to try to weigh this evidence to weigh the evidence that there was a reason why people might have been dissuaded from using the term there was a reason why people made it in this week for thinking you could develop off  digital thermal it was an article and i am saying that the whole process was coming and it was limited to analyze why there clearly were problems in going on to a more refined digital development