that is that is part of our argument yes and what you're discussing is when a plaintive argued at trial that if you lowered the block i don't see the sucker in the previously set block and you pushed it back four inches because our advertising brochure touting a four inch stack that somehow now this means the lifting of ice is performing a line function we disagree your hono the lift an alignment rings perform their line aligning function notices our position that the line function occurs when you drop the block on to the pieces that block it hits the ring and then it's aligned there is nothing in the pat are there was a rock band that was created by the defendants daughter and when she created the rock band she put corner blocks in odd places and the way that she constructed the wall there were i can't remember how many blocks life if you look at bol aerosols the claims need to need to be need to satisfy that is drawn to capability in the in this case are places claims were not drunk it was building it was i recess and our small lifting device then we need to construe the king's just as broadly and look at the prior art if you look at the six forty two patent it would have it's either anticipated under one of two it's our position that it is or it is these would have been after many many years blocks are used as retaining walls for the first time stone strong is the one they not only uses any lifting device but uses a lifting that for purposes of alignment and as the expert testimony of mr teal immature jenkins went into a great depth to trial this was something that was completely novel when they saw this for the first time they thought wow what a great idea this is something that's never been done before this is something that allows us to increase the efficiency of the building of these walls and this is something that allows us to use less people we put these walls together because again these are very heart heavy blocks you have somebody with a crane or  to to answer that question first of all we don't believe a septic tank is analogous to prior art you don't place one septic tank on top of another septic tank and then build on top of each other you have a lifting device that places a septic tank and then you're done this is a different type of art where you have one block was placed on top of the other and then in that case the lifting devices may become relevant secondly previously these lifting devices were recessed they were not generally sticking out to the extent they were sticking out they were stuck out when the block was taken out of the mold and then they were cut off they had nothing to do with building a wall because they were either on the side of the of the wall or of the block and they were plenty of lost for  history of these blocks where they were not these large blocks were usually handled manually and so you had a little lifting device was a person lifting them by hand it wasn't all about the nut late one nine hundred ninety s and early two thousand and six start getting these big blocks that have lifting of devices that are necessary to place the blocks in place even then these lifting devices as in the patent have sided with respect to specific intent than just patients were recess the purpose they're not your honor i don't believe with all due respect to look for example the bottom of page thirteen eleven you have a circular list they're obviously going on a circular system and they have three hooks on top of presumably going to be used to lift the heavy thing up  and if you look at it looks like one of the these are three on the picture on the right for example i don't believe there's anything in there that that looks like there's one on top of the other and probably look at the on urging eleven look over to the left there appears to be a that without any analysis well he said it was not interested in saying so he had to have concluded that it was not a device first of all in which there was a lifting device that also respect to the relevant or mr cheel and mr jenkins and they testified and this was an rebutted testimony that even with that prior art this is not something that was on anyone's mind or would have been on anybody's mind these are people that have been in the industry for twenty five years and i believe fifteen years respectively they saw this this prior art with respect to the six for the tel honor i think again we're looking at the issue of obviously with twenty twenty hindsight we're not looking at this industry this industry had a history again of using manually help blocks it had no lifting mechanism then there were two blocks mechanism that was also used as a climate device now i understand the question why wasn't it obvious at that point that you would use the lifting mechanism as an alignment device and the reason why that was not obvious at that point was because it was never thirteen now testimony that one of the along with that states that anyone in the industry whether an engineer or designer instructor would look at their blog and take advantage of  recess that's how it happens that's its purpose it's a line properly with for a step back right but with respect the defendant's device you could still have the reading in the recess and instead of being properly set back four inches it would four inches over like this correct theoretically although that's not a sound way to build a wall which they show in their in their own manufacture there are four inches on the other side of that if you were to move it back for inside a setback it's going to hit we're going to move it up the way around it's just the four inches it's going to hit on the other side it can still be lowered and they're shifting back to court if you do the blue bar in is able to engage one side or the other to make sure that these heavy blocks are positioned to place without that the bar the humans themselves would not be able to place the blocks properly and so that's the invent and there in the proof that it was ever used those five places on the wall that is constructed the only evidence is that based on the drawings done by our client there are five locations and which the lifting device is in the same location as the recess of the pocket above it there is absolutely no testimony whatsoever that it was used for line purposes which meant to the cord that  correct that there was a tolerance once the block comes down on it that was there was play in there in other words you could just finish snugly into that of the loop there was