because that construction doesn't comport with the claims for the specification sorry that the board's construction you say requires nothing more than that copy i don't think that's what it said it said that you choose what to copy for any presumes your honor is that copying has taken place and the relevancy is established by the fact that the data has been copied but the clincher site exactly the opposite the clincher site determining relevancy least saying that all your construction data relevant to the operational is relevant data but data that the acts are actually performing operations or is not that they do that the applications operate on could institutes the copy and this is found in specification yeah but that doesn't give us any information that doesn't tell us anything about what relevant data so he told me is what happens once you when you down several instances where the specification talks about relevant data and how we can determine what relevant data is so one of the examples that they  next example is data that's relevant for the operation of the application of the managed to read anything that the athletes to manage data within the app is going to be relevant and we have anything that goes to the actual operation  caffyn you know are being copied the board is presuming the data is being copied and if that's what turns on the relevancy then you vitiated between language that says no no determine relevancy first and find that the fact that a user designated a file is being hidden means that it's not relevant because the hidden files cannot copy so this isn't the this is removed page thirty four so because the board adopted a construction in which the act of copying was allowed to dictate whether or not the data was relevant they were able to read  in such a fashion that says well hidden files aren't copied therefore hidden files must not be relevant but in fact the pattern itself teaches situations in which those hidden files or similar types of files are relevant and when questions on this matter the petitioners expertly i p r actually agree that hidden files are often relevant for applications managing the data so that is an example of where our construction situation where storage objects have to be read first from north or to determine the relevancy as opposed to the other way around the board's reliance upon the claim construction in order construction of the term relevant data in order to find the anticipations case in your honor system so actually a second pillar of the board's claim construction  i'm prepared to assume for purposes of this question that that's wrong why nevertheless i mean that was one one alternative thing that the boards that didn't that was not something that they relied on yes i would refer your honor to page seven sixty one of the appendix this is testimony of dr royce human endeavor position for question so does reading the current directory tree of a local file system involve reading the storage object answer yes reading the files that are actually copied called is just read in the directory tree fruit is similar pruitt only determines relative relevancy before reading and copying by use and allowing the user  configuration flags to hide certain files and thereby saying the other files are relevant files we think that the board's claim construction was completely reasonable no way that's that this court for your to answer any particular question so i think it's as your question raised to you you look first to the purpose and i agree that the board's construction maybe could have been clearer but it made that construction in its decision to institute and clouding wanted court one of the board to narrow that construction in the way they wanted the court to narrow it was inconsistent with the examples in the specification so i think it was correct for the board to stick with their original construction which i p r s take place we certainly agree with that but even to the broadest reasonable construction one still has to view claims through the lens of the specification and when you do that i think the board construction in which the fact of copying is made synonymous with relevancy simply can't stand having to dress you for the questions otherwise we thank you for your time