have come to somebody you know i'm not even a patent lawyer but i mean look at this order the judge the affirmative defenses was denied as moot and the affirmative defense as was the you know half of the answer the other half of the would it be your position that that first sentence and then the cuckoo number three and said all of the remaining motions and claims to be denied or dismissed as mood or for lack of subject matter jurisdiction should be viewed by the court and sufficient to amount to the lexicography then it would be proper and that seemed to be what the court said whether it's right or not it seems to me when he said true and what i'm going to get out of there is there's the extraordinary in the sense that if you look at the fact the court didn't come up didn't do not find no advance knowledge no he modified the other information terms about rating agency said he altered it took to suit what he thought was the intent of the part of the inventor he actually changed it from what the inventor said he as the language of a rating agency and then  something specifically stated in the cases that we know from this court there's a disclaimer typically to find some specific language that said here's what you should use instead what's extraordinary here is the court rejected the specific language came of this no that wasn't anywhere else and by the way the language the court came getting this in fact on five thirty nine to forty three the court comes up another construction in order to do that there must be something a contrary definition somewhere in the file wrapper somewhere else which there is not no dispute about that and so what we're talking about here as judge morris said was there a to this remote alteration or changing of the of the informational scheme but it's much more than that and that's why the language of the claim is broad the language of the claims you go back to clinton is receive and store it doesn't say and remotely consider it doesn't do that so for example if the moving rate m p a movie so future american rating systems in place that seem informational scheme will be used for purposes of selecting and blocking the distinction the district court misses here is that it doesn't require a complete download entire informational ski the waitresses received in stuart if you look at the specification with pages ten through twelve or break multiple examples of three possibilities one is a complete change of information schemes the configuration information comes dow and it's it's a complete new informational scheme but counsel as i understand the way this works and maybe i don't understand it but as i think i understand it what's being used what's actually being used in the queues devices to do the same person one of them does the case for me they may have the same d n a and the same information but they're nothing personal if they're retrieving information from a preprogram separate location and that's what they're using for blocking despite the fact that you know there might be you look at that particular example we saw the talks about actually receiving a particular piece of information think about the configuration information as describing an informational screen it may describe an informational screen that's already present  you describe something that's partially different either amending it or supplementing it or may describe something completely new it's received and stored at that point the unit as described in the specification can do three things if it's new you can change on the fly and has a whole new information screen if it's the same you can just discard it which is the example given in the patent with respect to the the p r c see it says here for example and this is this is an example it's given the specifications reasons it didn't do you can do three different but isn't it sort of unnecessary because it's the rest of the claims that actually lays out quite clearly that a priori preprogramed information is what can't be used so the whole claim requires that what's received and stored has to be what's used for blocking and that's really where all of this what he referred to is disclaimer but really is repeated distinctions of the prior art based on a priori knowledge of the program machine comes into play but maybe it's not specific disclaimer information scheme as a term but it's a description of what your claim is cochrane well that's the point that judge covers that only describes one possibility is limiting the part was limited to it must it must use preprogramed information and the flexibility professor inside not know and that's the point this is one so again the three camps we get in the specifications term consistent the what was being distinguished in the final wrapper in the summary invention was a system that could only have preprogrammed information it couldn't change on the fly and it could do to informational schemes it also have to remove it has to actually take out what's there and put in the new thing as a court is just more saying you better take that configuration information for a new information scheme or first of all the configuration information is not informational seems very clear it says it's at least a category in some levels it's describing an informational scheme it happens i'm describing one it's already pretty wired they don't need to use it if you describe something that's partially different or the part that's partially different will be used and therefore the system can adjust on the fly you don't have to ignore five huge issues five quantum leaps if they want the court to take number one they want to have a court ignore the disavowal and in this particular case your honor judge you raise the issue as to a bid to court rely on purpose to condition the claim construction in reality the definition that mr superior referred to was posed in one thousand nine hundred six when they filed the application that application was coping with the parent application and during the prosecution be constructed or initially program with advance knowledge of the coding scheme talking about the priority continues the advance knowledge must include what codes are used in the coding scheme and embedded in the incoming video signal and she also clued the a meanings of sixty six through column thirteen line six look what do you eat goes on to say if all programming were described everywhere according to universal informational scheme which your honour's is exactly what we have right now in the us that's how it's done which never changed which is what we have in the us then apparatus twenty could be preprogramed to recognize all of the types of information about video signal twenty four in that universal scheme he goes on the say it line sixty seven consequently the invention provides a method in their press to remotely configure apparatus to accommodate new schemes for selecting interest the transmitting information about video signal twenty four that may be introduced to augment or replace existing schemes that makes it unnecessary to unnecessary to physically alter everest twenty if new informational scheme is adopted that's for to say consequently the invention provides a method apparatus remote the chains comedy a new theme the same thing as saying therefore my extension doesn't include anything that has any preprogramed information that you thanks something includes one thing is not the same thing as saying it excludes something else understood your honor and that's why the mistake of a disclaimer is something that we take very seriously here i understand your honor but at the same time and i got some views for you just we've got each of the cited references shows a video black in system in which a black and device is constructed with apre or a knowledge of the rating system the reading scheme to be used the west system that's one of the prior references is apparently provine just don't that's not the next sentence where you know i'm in the next page seventy four i'm sorry you take one cent from one page and then once and for another that's true because what he's doing at this point is distinguishing each of the prior art reference on he starts with a general comment that all of them require an issue all existing knowledge of the reading scheme then at seven ninety four he goes to the west system again i don't have a line number but it's at seven ninety eight b n from a quote the information transmitted received by the cited references merely specifies the reading be and being applied to video programs according to a pre determined speed known said instead of saying the way he did that the aboriginal scheme has to exclude was already known as you say it's it's indifferent to what's already known it has to include something that's new your honor i believe that we arrive at the same point is somehow received by machines and it's that purported same exact information it's used that's not the case r t one is incapable of configuring a v chip analysis because the cea seven sixty six data advisory rating system as required by f c c regulation ok f c c regulations require that if and when another signal is ever broadcast that new or sets here have the capability or at least considered the opportunity to get another new transmission but that's only one of two require transmissions your honor so in essence as things stand right now what l g sets have are preprogramed hard wired  that could possibly ever be considered has never been broadcast in this country it hasn't but it hasn't been and accordingly the method which is very very important and your honor mention hate in looking at the importance of elements a through d in elements eat through eye and yet we're told in the briefing that elements a through the may not even be necessary now you may not even have to receive a transmission to enable this this con fly that that doesn't make sense you can't use the through eye that refers over and over and over again to these informational schemes if you're not receiving them storing them and using them for the purpose for which they're intended which is to c figure the receiver l g s receivers do not get configured by any signals received any television van at all it's all pre wire so so whether the court looks at claim construction is an issue to do the court rating system if a new rating system comes in and what we found is we've got the first informational scheme we're still missing the second broadcast informational to get let's assume this into two completely separate information canada i mean they're they're trying to broadcast for up in buffalo the survey say well guess what we've got a new triple actual rating in the united states and quadruple actually quadruple x rated in both countries and we want to transmit that to our friends over in a it would be able to receive one channel carrying frequently that's your one but not a better one channel to channel argument that you say if you had to go back are you going to wait on the one channel which you can only receive want you can configured they're not ranged to be able to receive the two that are related is configured to receive the want from one so what you're telling me is that if if our situation works assuming that you know forget about the two signals on the one  program section on the set it's forecloses it precludes ever being able to receive the two separate informational configuration schemes that are going to come in ever again there's there's no to clean up your record to get rid of the canonical understood your honor and for the record your honor we agree with mr secure all the other claims including those counter claims that weren't specifically mentioned we understood those to be dismissed as moved on to we go let's get over this disclaimer nervous playing because you know we all know how to use words we can say or we find a disclaimer you know here or there in the other place so your every search point six seven places in the file history we're saying you know you you can't say they have they have preconfigured but my claims not like them because mine covers preconfigured some do some free that would fall within the claim still if your claim is broad enough to cover only preprogramed information and  they do in this case they look to see whether or not it's different if it is different as you just acknowledged they can change they don't have to rely on the preprogramed from age but there's no evidence that they ever change only if they work to change and  preferences say don't block it passes through those are both methods a part of the step that's what actually happens in the l g system it's not the prior art they actually can get a new system as you describe these are the two informational scheme will fight but that later but if an informational scheme comes through it's different oh well you know that really then turns it all on what the meaning of stored is which we haven't spent much time because if you said stored from his perspective what stored means l g s for starters stores mean to put someplace  used later that's the purpose of storing it well so you say storing simply means it came in a stretch and they're no no they actually look at the information and they see whether it's new they look at the information it's r t one it's the same we don't need to do anything with it there's actually an in there device they actually do this invention if it just came in they didn't do anything with it then that would be a good argument but they actually look at it that it was art as they say depending on what it is that make an adjustment but they're saying he thinks storing five they would then do exactly what's going on here but they mix that the method doesn't require them to actually do something specifically in terms of swapping out to look in a value way receive a store if they have your argument you want to conclude with a final thought or