that sometimes use the word modulator and sometimes use the word compare and we think that claim differentiation and the specification describes that these two actions are two different action again so that that's an argument about that to my plate shouldn't mean compare but that's a different argument than the question of i can't tell what the meaning of the modulators in the mine for like to just take just decision and the rehearing decision where they say what i perceive to be an inconsistent thing but i understand the question the question is what if we just interpret and we say demodulate means compare and i think i don't believe that's a correct interpretation of the word largely not just because of the of the of the plane differentiation issue but the issue that the the peter have really never came up and said that modulation process is different from merely detecting something well talking about a few different things but as i understand the board decision is they said ok this max nine seventy five reference that's what kicks up the system from local remote to high speed and that's that's how the standby mode operates so now the next question becomes ok is comparing two signals include it it can include detecting some portion of the signal but in our particular case i don't think detection is it in the in the broadest sense but i think your claim that we make an analogy in includes for example three steps in c so the mirror performance of step may of that process doesn't mean you disclose steps beyond sixty and that that's that's our primary argument is that the modulator received the signal and the modulator compares that signal to the threshold voltage and this is where the comparison aspect comes into it and then an outwards a digital output and a digital output could be a one or zero and also that the modulator signal at first is the module it may not be completely clean signal and so the whole purpose of this comparison is to be with a with a clean square wave that the the screen single that's been extracted from the carrier wave by the comp whereas what happens in the prior r is that low power compare it merely operates as a switch it doesn't it doesn't take that signal extract any good information from it and send it off to another component to be processed what it does is it turns on that high power compare which is the device that does the  micrograms it it it detects for the purpose of sitting there is a signal there so i'm going to turn on the high power thing to do marginally that signal it merely says but maybe at a higher level what we have is an incoming analog signal and we want to convert that into a digital bitstream a string of ones and zeroes that may represent information and specifically the part of the claim that parties are focused on mode that counsel is referring to this is exactly the same process and i would refer your honour's to pages twenty six and twenty seven of our brief because now i know i mean if you haven't compared her and you have a imagine later why structural distinction that would support a difference between the max nine seven five comparative and the comparative that's claimed now the remarkable thing is that the max line seventy five compared or is  so they say modify really what they're doing is configuring and we pointed out in a footnote our brief exactly how that configuration is disclosed in the max nine seven five reference on appendix twelve twenty it describes science seventy five reference but it's also the relevant because when you're in the low power mode you don't use auto standby according to the maxim reference that's only when you're in a high powered but again we're talking about a structural limitation we're talking about exactly the same maxim nine seven five comparative at much as it met it cannot compare it or has the capability of comparing them to incoming signals generating a digital output and that's all that's required now whether you do that once and then kick it into a different mode to perhaps where you're more efficient or you can do my joint faster with a better sampling rate or whether you do it only once the structure is the same the capability is the same it seems to what access is arguing is that and the max line seven five reference it doesn't tell you to stay in the low power mode and keep performing that operation over and over to generate the entire strength of once  and seventy five says what you can do is pick it into the high power but what this really happening here is that access took a piece of prior art that was more advanced than what they were seeking and disabled and in the words patent seventy five percent of the functionality and then claimed what was left it's very much like having a ten speed bicycle in the prior art and then trying to claim a bicycle that's capable of being read and only in first year that's essentially what's it was expressly adopted by the board if not at appendix twenty then certainly at appendix forty five in the rehearing decision and specifically the examiner said that he was not relying on the high power mode but expressly relying on the local hour mode ongoing to modulation but that relates to the fact that certain types of signals may require more power and the claim has none of these limitations the claim does not require  also like to address this claim differentiation point that's been made by access in terms of the modulator vs compare i'd like to clarify we're not saying that to my julie just means compare were same for the plot it's reasonable interpretation operation that the patent spec itself describes for detecting a signal and again this goes back to the chart that we have on pages twenty six and twenty seven other read three if you look at column seven which reads in connection with figure you can detect with a lot of power and you can then do much of it with a high power and i think this is exactly the crux of the issue here is that is that detection demodulation and we spent a lot of time on this but but but i don't know that there's any using the low power what it says you can prepare you could attacked but once that happens it turns on the high powered gears and there's nothing else that happens in the circuit of the max nine seven five reference it doesn't say you could leave the idea that we are just merely making configuration changes to that device is really not correct we're telling you specifically qualify that pattern how to make this this natural and one seven five component operate within our circuit in the way that we want it to operate and we move wiring changes and we describe those in detail as to how you make those wiring changes so to operate the way we save needs to operate to perform this