they're even assuming just for hypothetically that one of skill in the art could supply a switch is that going to satisfy the statutory requirement that there must be structure in the specification and it is linked to the function in the claim thank you very specifically direct but i'm sure we've all read that many times that's not structure that's kind of describing describing in very general somewhat meaningless terms  the claimed element but where's the structure what switch does it require actually one hundred six elements right because there's something that says first which means if we were to decide that the word switch to one of ordinary skill in the art was structure then we wouldn't have to do what you're doing now which is  specification and extrapolate from these photos whether or not this is structure  case was dealing with diapers and stitching there's kind of only one way to stitch a diaper and so it's a little different with switching isn't it you can switch things in a lots of different ways in a computer lots of discussed either incomes twenty four twenty five or anywhere else performs these three functions for the mean for causing that are clearly identify well for example it's that particular text is also what you which text i'm to the next twenty four twenty five  ve your welcome to mr which is that there was no structure and that there were very little idea of the function from from which to some how to serve if i hear mr schwartz correctly he says if we define that function specifically enough it speaking in policy terms for a moment i remember the late eighty's and the discussion that means plus function was kind of the way to claim broadly these interpret the electrical connections and so forth and  that you can circumvent some of the specificity you would need in the specification course we learned lady would later with cases in the ninety's that you did need some specific structure what extent do we kind of account for the evolving nature of the law here which is change some of the the ways which we claim the end and represent our fastening mean can probably be construed as nail screws i mean it's a million permutations glue and he threw paint so many things but fastening could be determined to be structure despite the word mean and so why can't which mean i you obviously chosen to use means was which he then looked at the whole of the specification of the prosecution history and interpreted well they're using switch most often to mean a function not a structure as this course recogni there was no other structure provided in the clay limitation the trial for bear suit with other structure switches simply too broad i'm betting your thing a black box with the word which in it even if one thread fitted with a black box to the general question i think that judge moore is focusing in on this computer architecture doesn't it require a controllable switch like a tri state switch not the general question what the switch mean can you think of thousands of switches but looking at this particular diagram with this particular architecture wouldn't want to scale on the art say that's gotta be a controllable switch like a tri state you know here i mean there's sooner one of which is linked to that particular phone just employ you so there's nothing in the record but that's not exactly right right because they had a part declaration which suggested that this did disclose and want to kill me out would know that the tri state those cases give me some examples of other kinds and switches that would fit into this computer architecture and satisfy the function i think that there are probably many different kinds of arrangements combinations of more complicated gate arrangements there are almost unlimited number of different structures that could perform it and here again we've also done tri state circuits