what's incorrect about that that disclosure income five dollars not even claimed by claim one for example which is representative of the subject matter the real disclosure is in figure eight and it's according to slogan content and very specifically income six lines one through sixteen as the language of the disclosure says part of the disclosure but it's not required and if it is part of the system no one disputes that timestamping will provide some evidence of whether something is on line or not off line but what the server and the program the computer program required to do is discussed in content in concepts most specifically around or i don't dispute that in column five for example it describes a boat the first processing unit in the second processing unit establish themselves as going active online by connecting to the internet and having their ip address processed by the database and establish as active an on line but critical to the seven zero four system as opposed to the prior art is disclosure in column six which says when the process goes offline it has to communicate that to the server the server is obliged in required to update that status may the deleting that information of that process or flag database and by checking the good old relatively current information as to whether the process or whatever is available right now that's actually true that becomes goes offline it has there has to be a mechanism in the example used in the disclosure is to provide a data packet since a message from that process to the connection server saying i'm offline and then the disclosure teaches us what where wh but six or eight mind six yet you can even go to line fifteen or under when a user logs off or goes offline from the internet so logged off as graceful goes off is not graceful the connection server updates the status of the user in the database for example by removing the user's information or by flagging the user as being of mine wasn't consistent with the description of home plot but you run it again determining availability by looking at the database because it's doing it realtime i remember this dishpan is directed at facilitating real time communication when the first process wants to communicate point to point it's asking the server to confirm that the party's on line and because dynamic addresses can be assigned and reassigned it saying it's to confirm that it's on line at that moment  at that address so you see that database at that moment has to be able to make that binary decision your next if you look at lines one through three of column six it says if the call is not on line when the connection server determines the colley status then the servers obliged to send an offline signal or message to the first processing unit so it it's not about whether at some earlier moment in time that second call the process was on line or at some any other time other than when the first process says to the server  through the program code i want to communicate with my peer i'm skype on computer one i want to communicate with someone using the skype processing computer to please tell me if they're on line and if so give me the presently assigned dynamic address so that binary decision has to be made by the server then because it takes the connection server under the patent is required to do a different thing based upon its decision and determination if it deters so let me just ask you if we were to disagree with you on that and say that disclosure for example which is the implementation of the net ios name servers it explains to you that it only has two aspects because registration resolution all it cares about is allowing the resources on the network to a computer a node to claim a name say i want to be bob can i be bob and determine whether there's a conflict that's the registration that's what gets populated in the database and then it resolves that what ip address is to be associated with that that mapping information is put into that database all that ever does is store that information and thirteen away is critical your honor because it says a query in that system is a query that says please return that two points it doesn't do that immediately as the references show it can be up to several hundred four hundred hours of delay before it does that because the system doesn't care about online status so it has there's no immediacy to that i do i do can see that ultimately the database will reflect the effort to release the name but the point i'm trying to make is the point at thirteen zero it makes express the it says i'll give you the valid mapping but that cannot be relied upon to tell you whether or not the device associated with that mapping information is currently on line express and tell you that because it can't do it the system doesn't do it and the point i was making by robert that's not the question i was asking i was saying if we accept the claim construction of the board and the notion that the clinton of the scope of the time is described in column five in the relatively current i'm asking you isn't that shown in wins in this language i that shown and wins because you run because your honor it's it's not disclosing anything about the process it never does so the net bio system there is nothing in there again if i have straight on computer  that's a process that wants to be a color in the colleague nothing about that disclosure in contact with ever tell you amongst the multitude of processes that are running on either of those nodes whether that process ever logged on or ever logged off and that's the critical distinction you're honor so ultimately even if it were otherwise again that you would still have to reverse the error in the the remaining clean construction because it's not contested anywhere that the prior  system can do this necessary determination of present status he says he did do you make the argument in your blue brief that six sept ing the board's construction of the claim phrase is connected to the network as the board was wrong about anticipation of this and put aside the whole process i don't remember that argument i thought your entire argument about that claim phrase was that the yes your honor again because then where do you make that argument well you know when i make it with respect to the argument process ok i wanted to put that aside ok appreciate that you're on so you you do not argue that you would win under the boards i'm construction of connected to the computer network your own i would win under that iran are but you just admitted you didn't make that argument you regrettably accepted we're only talking about three lines of disclosure in the specification the claim language itself which you're the clear guidance of this court has directed us to tells us what the proper construction should be that the use of labor damage but that that's your claim construction argument and and you know that's a that's one one argument and there's a lot that you have said in support of it and criticism of the role of a common five but just to be clear i don't think in your blue brief you ever said putting aside the process argument except in the board's construction of the claim phrase is connected to that to the computer network that nevertheless the board's c invalidity has to be reverse ip well you run i know and if the answer i can give you is not that what we know it is that the the board never actually construes the term here again what it does well it doesn't community ever express the what they claim construction it says for whatever it is we're trying to understand what you're arguing i need you to help hold so it's about that i perceived we understand the claim construction argue but we don't understand that you ever critical elements of the floodplain construction process that demonstrate how it came to the reversible and erroneous construction first it decided to isolate and construe in a vacuum this connected to the computer network freed without had consistently urged here in an earlier twenty ten re exam to consider all the language of the critical third a second and their limitations together your honor it does fundamental injustice to the claim construction guidance provided by this court to look at that phrase disconnected from intra language around it most vociferously the word is which expressly appears in the queen is must be included in a consideration of how to construe connected in the word simply refused to do that  first looked at the at the claims and the claims themselves the entirety of the claim and then turn to the specification when you look at the claim even if you accept my friend's argument that you need to give meaning to the word is you still don't get their interpretation because the claims don't require there's no actual requirement of the claim to find no where at the first second processes online when the first process makes its query or the second process is online when the first process may explain that to me i guess i query as to with whether the second process is connected to the computer or i just do not see how that means anything other than asking the question are you now when you get this query connected to the its program code for transmitting to the server aquarius to where the second process and that to ask the server is this the poly right then and they are connected to the network and so you go to the next step which is what the board did you look at what is connected to the network means in the context of the specification right and so you looked at it and it cited one thing isn't even site what i thought was actually the most interesting thing of calm fly but it cited the thing that says this device connects to the server that the server puts in its database you're active yes that doesn't mean that an hour from now you're active so so what and that's what the board that's what that's best a conclusion right and that's what my question so what goes to the fact that the spec says when somebody registers with the server they are at that moment active for an on line doesn't tell me anything about whether an hour or two days or three days from now they're still active and on line the database would have to be kept up to date by doing what's in column six it's kept up to date by doing what's in column six but that's been perfect but again again the what the claim requires is merely that that you transmit aquarius to where you're at whether you're active or not the straight path construction is that at that time when that query is transmitted and then when it's received the first process is also active then they're required they require an absolute requirement that the first process is online when the second process is clear you don't want to gets results when one doesn't require that i'm sorry i thought that the dispute here and what that what the board found or concluded in his claim construction was that this particular language what is that the third element of this claim program code for transmitting to the server query as to whether the second process the called the call me is connected to the computer work the computer network doesn't actually require that the information that comes back say whether the callie is connected to the computer network only that it is with air quote connected to the network in the sense that the that the server has in its database a line that says they're connected even if that line is currently fox that's correct because that's what the patent describes when when the patent describes when they use in the claim terms connected to the computer network the patent doesn't describe anything other than that the registration be in the database whether or not in fact it's online or not it simply requires s i just don't i just i'm not seeing that in in column five it describes of course a connection server you know that makes a database when somebody registers and that registration means right then and there they're  active in online correct but then that doesn't tell you what the answer is to the question asked a day later are is are you active in on line that could be out of date that's right and that's exactly so  you're raising a point which claim one allows for which is that these queries can be made at different points in time and the in fact the online when when the when the connection server responds back that this process is on i spec to say no no we don't really mean that and i'm struggling to find anything like that in column five which merely says when a collie when a device that eventually becomes a collie signs up with the server that the says ok right then and there you're active an on line and then later there's a language which the board did not rely on about a query the query is made by front what is it by finding the  it searches the database to determine whether the colley is logged in by finding any stored information corresponding to the car carlie's email address and that's not something that the board relied on that seemed to me to be pointing a little bit more in the direction that the board eventually ended up but even that doesn't say that the answer simply by asking has to represent the information required by by the claim and it tells you in the next paragraph at the top of column six how the answer would actually represent that namely devices checked and then out so the registration the registry of the of the server is in fact correct but that doesn't mean column six in until it either expires or it's explicitly deregister and so that's what column six describing is the operation of the structures but one when column six says when the calling is not on line with the connection server that connection server is database checked in column five will in fact communicate the necessary information but if that doesn't happen it won't the sub salie correct and won't necessarily happen because because again  yes it seems to me by its plain language contemplates that that's happening if the connection server answer is going to do what the claim language requires supply an answer to the query whether the second process is connected to the computer that's correct but it does it doesn't it that is even that interpretation that doesn't meet what what straight path now argues the that meets the board about that that about current status in which the information that comes back is actually not about current status and that seems to me one hundred eighty degrees up the wrong word the board interpretation actually gives a bit more latitude of course interpretation allows for the the words with interpretation simply requires that it was registered and that's entirely consistent with the inborn put the words construction doesn't  it necessarily be online at the time of the query it simply requires that it had been registered as a but if i understand correctly with the issue here is whether it is connected means current information that's al accurate or whether it means checking a database is a surrogate which maybe the sometimes inaccurate but is quote relatively current right so the question is when it says it's connected  talking about real time information or is it talking about a database and if i recall m six correctly column six is also talking about checking a database that's correct calling six is merely is merely an extension of com five is not describing something its merits merely explaining the operation he would have what i take it to be is describe it if what you say is absolutely right it's continuing a description of a database and then it's adding something not yet described in column five and what it's adding is the mechanism by which the database is kept up to date namely devices communicate when they drop off just so uncommon five days but the boys construction i doesn't require that the board's construction covers the situation when you check a database in which the information does that is going to then be sent back does not  describing anything that's not already that's in the best not already understood by one skill in the yard according to column but there's it's not describing any new mechanism by which you ensure that there is actually there the answer returned back is is having online status not biased either teach that an active name is synonymous with whether the second process is connected to the network an active name simply refers to a name that has been registered and that is not yet indeed registered independent of whether the associated computer is or is not connected to the network claim one is patentable over the combination because we don't do that we require more well so that was that was based on an incorrect determination of what the teaching of net bias which the board the board here actually made made findings actually does disclose registration of a process and of and i'm not talking about process i mean i thought it was quite clear that the board never answered the question doesn't  current construct is a burden find that nominal wins don't disclose what their construction is because it's all was checking a database which may be slightly out of date  not necessarily because under their construction what you have business system that when it's checks that the easy answer is accurate and that piles and wind can both do that there are times when when no checks at the answers they correct yes and there's no dispute there there's substantial evidence under that under the claim construction advocated a straight path to a firm decision on that also on the connected to argument that language that they're seeking construction of it's only i'll try and make two quick points and then sum up your honor first following on our earlier discussion judge duncan that the conversation she just had with opposing counsel relative to the current this notion relatively currents important to note that it's not in the board construction and the board's construction is that once a process goes online at registration or logon it is active in on line and nothing else is ever required that's it so under the board's construction simply logging on and being processed by the database of the server satisfies the claim there's no concept of relatively recent in the board's construction and similarly your honor the term relatively current never appears in the claim language so what that leads us to the actual question you've got  most systems require us to have and require us to consider the query of a database the difference is that database and in the name service of net files an implementation of wins doesn't provide any information about online you could be online and the database could think you're off you there's no correlation between the two the difference between ours and that's why conflicts are so important is that our databases keep updated so we can actually answer that question but again council goes just to an embodiment of disclosure specification notice no discussion of the claim language and i want to just pick up on one judge trying to say about  the extraordinary plain ordinary meaning of is actually used in the claim you know that exactly had to the earlier point once you have ascertained the plane we're nearing meaning of is the only thing left to do is look to the specification to see if there was a special definition otherwise or there was expressed disavow by the patentee that is should be construed in its plain ordinary way no one argues that here that isn't the case the plain orning language applies so in some what we're asking you to do want to appeal to you you don't  e right the even under your interpretation the question of the connection is determined by checking right checking the connection server claims of a clean one yes database checking at the that's right no harm but the database the question of what the database what information that is the difference in your invention that the database has to be updated with a log absolutely and i sit for two simple reasons one is requires it and that's the database for me sometimes the inaccurate because something happened which wasn't reflected in the date of your view is the date of the must always be accurate and that the difference between you and the prior are correct