claim one of the three patent and they are resigning vice and central controller said remote terminal three different from suitable signalling channel and for communication henceforward if there's enough time which i doubt i'll address the board's  error in constraint step c i think the board's most glaring mistake in construing reassigning for it was feeling to give you weight to the prosecution history and specifically the argument that the couple scenarios that are addressed here and it starts with the request it's made by the term so if you have a terminal that is communicating with the central controller and it is not seeking registration in your figure six voters registration message there is a yes which means yes the controller can tell that it's requesting registration but then there's also when you know which means the controller can tell that thank terminal is not requesting some signal processing some ascertainment of what the message is about and then the central controller in that context that is where no registration is being requested can make some judgment about whether resigned share part of the channel and if it does that the answer is yes then the action proceeds to the lower half for your sex and there are a couple things that are going on here one is it looks about looks at the channels that are currently being utilized and that's box two hundred in determines whether there is some availability in one of those channels or a reassignment of the resting term all i has at hand i'm afraid to ask this question but i ask it anyway since we're here what is the box called channel failure processing  i believe that it means that a the terminal that is requesting registration is doing so because something happened with the channel that it was off that caused the channel to be unusable and so it goes with some determination relating to that so we go back to the prior box one fifty question newly newly registering terminal answer is no it's not a newly registering terminal and look sad did you make this request because the some general failure that i need to deal with and therefore determine whether or not to give you a different channel area of areas where a radio unit is likely to be located in the network so it's basically geographic consideration and the second part is it says a secondary future is that it provides a means of restricting the service of individual radio units by allowing the network to know registration requests so that's kind of the vetting of opposition culture in either of those is there any indication that the channel that the requests for registration has been communicated on as a factor in making a judgment about to register or not there's an there's a discussion the n p t about area codes correct and so what i'm trying to figure out ordinary meaning that's not what you are implying in the reply the petitioner came back and said we think ordinary meaning applies but that's not what you are implying so there's a disagreement about the ordinary meaning  radio unit goes to the t s p controller and says i have confirmed you know an arrangement with channel x y z may you register me please so that i can get radio you know to channel x y z if the permission or not relates to the ts is determination that is the proper channel and the answer is yes if it's not and instead asked whether there was something in the record that revealed this was being put to the board as a claim construction issue we submit that it wasn't you need to look no further than the demonstrative slides that were prepared for the purposes of this hear g it's in the appendix of fifty seven thirty six there is a very clear delineation between what is being presented as did we prove this fact as to step be and how the board should construe step c and we submit that that is really consistent with the way the briefing on so so both parties were operating under a plain language proposition for step that's right direction ok so why isn't  controller to recognize and authorize this this is the channel to which the terminal is going to be opening up to we don't we don't believe that the plain language of the claim actually requires some recognition by the central controller of the specific channel if you look at the language of stephie it's a method step it says reassigning what's being what's doing this reassigning it's a central control or what's being reassigned a remote terminal and where is it being reassigned to a different and suitable communications channel for what purpose for communication trench forward so if you look at the plain language of the claim there's no knowledge requirement in place it's certainly no command and i think both parties agree on that the night i don't know what you're signing means well the board have the same question for us so we actually provided and we understood says if a thirty one the claim language does not require the central control to determine the new signalling channel or to know the channel to which the remote terminal is being assigned so you know let me just go with a hypothetical let's say i'm a student  school and i'm taking woodshop but i don't like my woodshop class anymore and i decide that i really want to take beginning trumpet so i go to the vice principal and say well first i go to the music teacher and they say yeah ok you can be a trumpet player and then i got my principal and say you know i don't want to be in which up anymore and i transfer and then they say well ok you can transfer but i don't know as but the vice principal doesn't know what class i'm transferring to and he's just approving the act transfer can it really be said in that hypothetical that the vice principal is reassigned to the beginning company because you provided the the new class we submit the answer is yes and that's he's just granting me be authority to do some kind of transfer so that feels a little different then reassigning need to be an income while in the context of claim one we have step d which says we going to determine whether a suitable and different channel is available and in your hypothetical that would be you choosing trumpet and you choosing and going to the music teacher and saying hey is the trumpet class available can i go there and all you're doing is simply looking for authority from the principal to make that move and that's exactly what these radio units in the n p t specification are they pick the channel it is undisputed on the record below that step can be performed by the radio units and so they can choose their channel whether or not they actually have to communicate that choice explicitly so that the central controller looks at that channel and says well is that the right channel for you that's beyond what the claim language actually requires around it so i guess i just need a little more help here and understanding what does it mean for the central controller to resign  terminal to a new unsuitable channel well when you know reassigned to new unsuitable channel at least done in one sense suggests that  you are authorizing a move to a particular channel and and so therefore if the prior are simply granting a permission slip to go transfer without knowing the identity of the resulting channel connection that it feels like there's potentially a gap there well on on the prior art we submit that there actually is no gap because the replay deal units are choosing the channel and if they're not allowed to access that channel the response from the central controller is try something else go out and hunt for yet another channel and the process just repeats all over again so there is in our minds no gap based on the prior art in terms of you know whether that channel authorization or the authorization of registration acceptance is a is a reassignment because it is channel dependent if you look at the scheme of t is set up it can you know the radio unit will confirm a channel it says this channel looks good to me but i don't know if i can use this channel so i need to check i need to check with the principle in your hypothetical and if it's that the remote terminal would seek authorization from the central controller for a new channel that it had selected then i can see how the prior covers that but that's not what it said it says the central controller reassign something right how is giving authorization to somebody to move a channel the same as that into the specifically reassigning to a different channel well because the remote terminal has identified this particular candidate channel and it's saying can i use this channel and yes that could also be bundled with an authorization or registration process but it is bundled that exact same way in the patent what this black box terminal assignment means in the context of this patent i think is a bit but we do know that that at the end of the day through the through registration or not to the context of this patent through authorization or not that that terminal is ultimately commanded to tune to a different channel that is the preferred  that identity of the channel that's ok because the fact that in t f c the radio units of ready made the arrangement with the specific channel the controller in n p t somehow inherently understands that all of that lead up work has occurred and so by granting the registration it's in i know i understand that alternate renie in the end of the m p t process the radio unit is getting reassigned to minute you know but you know that's i want to get away from the passive voice let's go to active voice what it's doing to reassign we submitted to the t s a because it is the one with the final say about whether that new channel can be used at all and we think that that's actually supported by the n p t specifications mr hanley read that entire passage under section ten point one one of its other purposes is to reduce call set up time and control channel loading so this is a technique that is used to dictate which control channels these radio units are permitted to do and it's the logic in the t f c the thing that manages the network that actually performs that step where does it say control panel or do fourteen six yards and fourteen sixty your honor just give me just a moment that's the the second sentence of section ten point one point one it says consequently reducing call setup time and control channel loading and this is consistent with one of the responses that the t s a can give a radio unit when it looks to register on a particular channel and that response is not just your registration is denied but the networks overloaded and you know that response the network overloaded response it's discussed in our briefing registration requests i think that leaves it up to the developer of the network for network loading is obviously one of those control channel loading since that's one of the purposes of this registration process but exactly what criteria it looks at so in terms of the the arguments in terms of how we prove that n p t discloses these things we think that the board's decision is actually sound in this regard we don't think that this is really a plane construction issue nobody has proffered what they believe reassigning actually means the pattern is terse i think to say the least on what a reassignment is we think it's a reallocation or repurchasing and we told that to the board it's not in the board's decision i don't think they felt that they needed to reach this particular issue but if you going to allow something to move from one place to another and the claim language says that that's too a different suitable channel than that reassignment has a court so we don't think that the  doing because once those criteria on the control channels are changed the radio units go out look for those changes to the control channels and will reassign themselves there's no additional steps for communication and so when we're not grow  and that particular reference in the statements made in prosecution are very different from the way that we submit that they've been characterized in the reply brief it looked to us as if there were some important our central controller must do the reassignment and that was the primary distinction and there were others in the prosecution history as well but obviously they all deserve consideration here we just don't think that those statements ma the word registration appears in growl and it from my reading of growl growl is around the time of the development of g s m and it's a philips patent so there is a registration process but this control channel shifting the load balancing that's performed by ground doesn't really hinge on this whole idea of registration at all once the base station in growl reassigns those channels they are rea codes to the channels the radio units will go out find those codes on the different channels and use those channels henceforward were submitting that because that happens and then the base station is no longer involved in the process that there is no reassignment going on it's very different than an  with that i see the rest of my time  discloses a system in which a central controller attaches ranges of group codes to channels and then the remote terminals in the system they each have their own group code stored a specific remote timer of a specific channel and therefore i think that supports our construction that intelligence estimate where they are low turmel needs to go what channel needs to be in the simple control