what about your lowering the ph construction or dictionary that isn't modified continually like wikipedia if there is something that like like that that had that same definition in it that that would be something that the board could have relied on in the general sense  record explain how one skill in the art would know to pick those four statements and ignore all the other statements by the inventor simply pick up teaches a method of adding metals to gasoline to come up with a new invention or a new disclosure of obviousness but there's nothing in the record to explain why a person skilled the art would make that combination also do either i don't i know the in oil because it talks about a fine motor oils in motor fuel because the acid at the wash water and not directly to the oil in that they actually tested at in the acid to the oil as opposed to the wash water so by removing washed or from the construction the board in goes against the teacher of the invention going back to the original prosecution and also they use it to justify bringing hickok which is about treating gases which doesn't have to wash water but it does have the solution you but the acid and so by removing wash completely from the scope of the language the board drastically changes the scope of the invention to stair art that should have been considered consisting of we talked a little bit is closed language and because of that the prior art has actually closed the invention being discussed now the invention plus a bunch of other items that may or may not  part of the invention in this case because the board basically equated consisting of two comprising the board felt there was no need to explain how you would know which elements to pick from the various pieces for our heart for example ha base is that it can lead to it emotion that it's hard to separate so much of their argument on randall's is around that one sentence in which that we might as well take a look at it it's in column three this is on eight two seven four five as discussed previously in order for the iron to bind appropriately to the citric acid the ph should be above to happen preferably five to nine one difficulty with the addition of base however is the formation of motions which can interfere with the effect of separation high and it says the preference is that six and it could go down even lower what about that for me to mulch and being a problem yeah that's an interesting issue and it jumps out of one is saying wait a second this entire process they talk about the salters they talk fires and here they talk about intimate mixing those are all things that are talking about the emotions that are made in the conventional the celtic process so why is there that sentence and what the word found in it supported by all the evidence i just said and also maybe even a reading of this sentence itself is this is talking about a very particular form of emotion what they call the stable emotion and you see that in some of the other references that we have for example petroleum refinery i believe page fifty five that reference talks about the stable sions and those are difficult because if you mix things up you want to make sure that a certain point you can separate them and so in this particular circumstance especially with these heavy heavy nets any groups which are these hav crews that are harder to resolve if it gets to base a bit and this is my understanding it gets kind of bulky and difficult to get to to multiply in there at the end of the process so looking at all this evidence that i just named board actually said no this is a very particular motion that they're saying is not desirable but of course when you're talking about using conventional assaulting processes we know from a number of different prior sources in this you are going to be doing that's the entire point of this to bring them make the mix of the oil in the water together and then with the solution and then after you process it then to separate back into a watery white face so i think on that issue  so i just what i have to do with respect that's it that's another combination that for us harder and reynolds themselves that combination is the one that kind of gets you there but they hit back i think if you look at your recent decision in the a test the are we in the same field of endeavor i would say we absolutely are gas at the end of day is a fraction of crude oil so it is actually gas is a component part of crude oil and when it separated in this process down the it can become fuel but we're talking about the same potentially the very same hydrocarbon at the beginning at the end of the process so for me that's the same field of endeavor with the word focused on was the you know looking it's the same to be solved record clear that when you responded to at the beginning of your response to judge reno when you began by saying yes that's right you were referring to yes his car deals with gasoline not yes the rest of have the one thing i would raise right now in terms of the plane construction issues raised by my my colleague i think it's important on the plane construction we have the position that there was absolutely a waiver of challenging the claim construction of a motion and so that we've had that position and then we also think that that definition is on controversial and it is the broadest reasonable construction i think it's important just if there's any doubt it crimes that even if we took their construction the construction that it is very specifically the salting emotion that used with a mix of in which there is a certain percentage i think they say three to ten percent ratio of water to oil that very specific new construction they have the interesting thing is reynolds still means that if we go through reynolds has this teaching about the surprise of a motion it doesn't want but if you accept that finding that i get it again and reynolds there's a teaching of it a motion that  whine thirty eight the ratio of acquiesce citric solution to hydrocarbon issues speech should be optimized the determining factor being the separation method so it's talking in a certain way this argument about the construction is somewhat academic because you have the word except there's construction runs with me and it's also further academic because of course reynolds is in competition with part so there's any question about whether motion taught by reynolds or what kind of emotions pop iran olds i would propose that the most narrow form of emotion is taught but if there's any question whatsoever it is in combination with heart it's the board look to heart and if you look at har it's specifically t v teaching water and oil bullshit and it's specifically talking about a believe the five to ten percent ratio so in my view that's why i go back to this combination it's just air tight both hard and and reynolds on their own are very powerful together it doesn't seem like there's enough whatsoever part of  water and that's the difference that's being overlooked here what are is important and that's why we go back to the lowering the construction the ph of the wash water the board by removing wash far from the claim wing which revised the claim to go to be something completely different in in response to judge those question which was