initialisation it's only at the final written decision stage that the border adopted a construction that said that without getting greenish ally's means that i didn't read the record that way that you're saying the parties agreed below re initialization for risk having less likely much less than reliable communications do you agree with do you disagree with any of that yes of yes we do and the reason we disagree with it is because in column eight at line loop characteristics are stored yes well why lie story and for them to recur it dries or we compute because because the look characteristics change because of things like temperature you have a better you have a better starting point and you store your new shortens it by storing these new characteristics and using does it an initial estimate to reduce the time it takes to caddick to categorize the new that's how well he saves time signal detector i believe that is that is there to detect the wake up signal so boeing has recognized there's a need for some circuitry to remain on yes but yes have to view the evidence they have to have means that detracts from the decision as well as supports the decision there was no evidence from the other side that supported this a decision that you would combine these and get a device that would actually work the only evidence of this is an argument that the appellant has made over and over again down of the board they constantly said that the word may engage in additional handshaking meant must the board rejected that argument absolutely with  mr they did your honor and in fact they said in detail why it was a mischaracterization in the appendix that pages twenty seven through sorry twenty five through twenty seven they actually explained why may meant might or might not and they specifically pointed to the section in bowie column six that indicated when handshaking might occur maybe when  when situations change and you might need to handshake that implies otherwise you do not and that's what the board used as a factual finding then when it turned in page twenty eight of the appendix and page twenty nine etc to the specific must and that is supported not only by the facts of boeing itself which the board cites to but the board also cites to the petitioners reply at pages one thousand three hundred and fifteen and sixteen which also cite to the expert declaration therefore that the board had substantial evidence to support its finding that bowie discloses never read in this allies and one of the other things that i think confuses everyone in this case is the fact that this is a negative limitation the limitation requires that you are allowed to return to your start up mode return to full power without the need for re initialization when the board did its secondary argument on pages twenty nine and thirty of the appendix what the board was simply saying is i am now going to look at your secondary argument in your secondary argument t q delta you say well as long as you do one of the things you're not avoiding the whole thing the best analogy i can come up with is someone telling me that i can eat lunch as long as i eat lunch without eating a sandwich and the sandwich has lots of layers to it it has tomatoes lettuce bacon and bread well i decide that i'm dieting and so i'm going to simply remove the lettuce from the sandwich and i'm going to eat only the lettuce no one would understand me to have eaten the sandwich and that is exactly what the board is saying that the normal understanding of without needing to do this whole thing this re initialization if you're only doing one of the things you're not doing the whole step so the board is actually applying exactly what t q delta had said throughout the course of the entire proceeding which is and so what they're saying in the st world for a patent itself is they're saying there may be instances there may be times when you do need to re initialize for example the test payment so said i'm different i have changed exactly what's going on with me example if you've tested and you found that the temperature changes you may need to do additional handshaking start over and is no different from anything that's happening in the forty four patent in column e and that exactly means that the two are competition exactly the same thing in exactly the same way i will store information i'll check to make sure nothing is changed if nothing's changed all use that information if things have changed i'll go back to zero and start over and thereby saving time saving power which is what both captains do and what both at his attempt to accomplish the last point raised by my learned opposing counsel was that there was no evidence in the record to support the combination with unsealing to him then sealed to him and are combinable the only argument that appellate have made is that there is one potential possible situation in which you might end up with competing frequencies but as the board specifically held that's not enough one of ordinary skill in the art has to be one of ordinary creativity one of ordinary creativity looking at the situation realizing that then villa get him says if i send my pilot signal in at sixteen hertz great i know understand that there's a wide range of other than sixteen herds that can be utilized in a combination of both invincibility him and that's what the board found when it rejected the argument that there is one possible scenario in which there might be in everything about a d s l to understand that there is a wide range of frequencies that can be used and therefore again using one of ordinary creativity who understands how a d s l works he would understand that he doesn't have to use just sixteen kilo herds and their expert didn't even say this is the only way that it would work he said there might be a possibility of a hole inside it's a coat incident sorry about that but that's not enough to teach away in fact quite the opposite was found by the board and the substantial evidence of well we itself saying i can use multiple frequencies the answer is standard which was also in the combination making everyone understand that there are multiple frequencies that can be used and then the teaching him and he'll get him that says and be careful i'm going to do my resume signal at sixteen it actually helps the combination because it specifically tells you what to avoid if you're honest have no other questions who very much appreciate your time attention thank you characteristics and so i think a procedure would know if he would teach that that would be incorrect and it could not function as a circular and one would not put this one would know not to learn from this patent if that was stated list the parameters that are required to be stored but the claim doesn't have to cover every does not have to cover every piece of the unmentioned it's not it's not a picture claim it's telling you that you need to store the bits and gain stable and you need to maintain