so the claimed link must be a link in a virtual private network and that in the communications in that network must be direct because the board never applied the proper construction of v p n to the network disclosed in the reason and you know your friend pointed out that there was no proposed amendment that there was no attempt to naru the claim to state what you say is the correct construction what was the reason for declining or to solve the problem in such a simple manner well your i don't know but the this court has already held in mangrove partners that there's still a disclaimer even in the absence of amendment but i want to get back to the point about what is the network of the alleged v p n in cutie and the examiner stated in the right of appeal notice this is at appendix one thousand three hundred and twelve that quote the clients seven says the server side proxy a response to the forwards the request to the origin server the origin server response to the user requests sends it back through the  syria a secure communication link between the st computer and a nd computer over a computer network now the language there is broader then with respect to network communication so you have the had to seen question is is it a link in a virtual private network and to determine that you have to apply the disclaimer to the network in q three that's with the board didn't do and from the outset proxies prevent the creation of a v p n because they disallow direct communication between a user at one hospital and the server at which the resources are located at another and the board did not gra this issue because it appendix twenty one if found that a v p n communication link is not limited to computing systems that directly address each other and it usually was satisfied the limitation communications which is the antecedent question to finding that the link is it is a v p n communicate you see there's it there's a there's a there's a fact dispute now as to what the nature of cute  you're saying we can't decide the issue of whether there's anticipation are obvious i think that's right i mean the there has been no finding about whether the network is a v p n with direct communication so that is the necessary thing that because it sets up an terminates a connection so you can have direct communication through routers and firewalls as long as you're not terminating the connection as long as it's direct address ability but you would agree there is quote direct communication and so for a link to be part of a v p n there's going to be the network has to have direct communication if you in the examiner define a network is between the client's servers and so i think that's that's the question that has to be decided here board has to you have to decide the claim construction issue and the board has to apply it as a matter of there are no further questions i'll save my typing thank you private network communication is saying is over the computer network so the computer network that we're looking at with respect to this link is the generic the computer network there's not this requirement within the claim that we identify and find a virtual private network the claims require that we look for a link over a computer not not this special virtual private network communication they are going to import the disclaimer from mangrove that would actually break this claim we imported construction remainder of this claim as we look at this claim is a stab wishing a link were creating a new link and under their theory this new link would be a new link within it virtual private key use shows direct communication as i think mr canary agreed but tween the client side the server side proxy that is correct on the link that we're looking at here the virtual private network communication link over the computer network if we're somehow importing what you're going to get he said yes that's true and i want if you could just repeat what you said that it will be helpful to the she said yes that's true if you have that direct communication between the proxies but that doesn't solve the problem because it has to be over a computer network on think is what he was so correct under under the theory that he's a spouse and we have to identify a separate virtual private network we have this claim then within that network we have to somehow quantify and say that qualifies as a virtual private network applying the mangle stand but this claim language doesn't say that this claim which does not have us looking for this separate virtual private network this network our positions because it's a different claim term it does not automatically follow with the slam of respect to a network applies the exact same way with the same disclaimer of scope with respect to a link that's a component of that now there's a different claim term and this is going to have a different scope and we can't just automatically assume because there are some commonality of words but that disclaimer would apply to a different claim term in a different path one of a key you jake with respect to  that point to direct communication they further argued in their briefing that that's not it that's not a direct connection they argue that it's an indirect connection the board addressed that and rejected that argument we clearly have substantial evidence we have fact finding term use computer network a method for establishing a secure communication link between a st computer in a nd computer over a computer network that's referring to the public network can be the internet for example that's not what we're talking about we're talking about at the very last clause in that claim where the secure communications link being a virtual private network communication link over the computer network so the virtual private network is on the larger computer network is separate and the board found it authentic twenty and twenty eight that the virtual private network is separate from the link and in fact if you look at the dependent claims here for f and twenty they all recite a virtual private network so when you use the same term virtual private network communication link it's referring to the same virtual private as you have to identify claim it's communicate secure communication link between a st computer and a nd computer over a computer network that's the internet that's the public network computer network means not so but then they define what is a secure communication link and they define it as a virtual private network communication link over the computer network so you have to say what is the link for to be a virtual private network communication link it must be a link in a virtual private network formed on the can the public computer network you're saying this to can and will make sure of the stand that you would say ok yes you do have a direct communication between the client side the server side proxy but that's not a direct communication in the sense of being a virtual private network communication is the next that's your argument rights to why exactly huge she showing that direct communication was between the client and server side proxies in the separate exactly so you have much of that is a link in a virtual private network which means that it has to have the network has to have direct communication examiner to find the network as before what about getting back to i think what may be judge laurie was touching on the st i guess words of that clause say establishing the secure communication link between the  st computer and the nd computer over a computer network based on the applied goes on doesn't that aren't you establishing the secure communication network between the you between the clients i proxy in the server side products well no you don't i don't think you can say that you know the link between the user agent and client side proxy is one network in the client side of the service i proxy is another network in the server side box of the origin there is a construction of a v p n so if they're going to rely on that link between the proxy and proxy they have to show it's a link within a v p n with course it may well that didn't it says the client computer or the target computer that was some you don't need amendment we did not by the way argue that the link between the proxies was indirect we've always argued that it prevents the formation of a v p n because it prevents direct communication that's