instead there's an old adage by an old wise person that says that time flies for law clerks when they're when they were very hard and produced great work and i made that up it's been a two to the benefit and to a tribute both to my chambers and into the quarter as a whole to the legal profession so i tell my colleagues that before a stands a person who is an excellent legal practitioner and who i'm sure will be a bright evening star in the legal profession and for that reason a move for his admission so colleagues a move for the admission of timothy ross and he's a member of the bar and is in good standing with the highest court of both california and texas i have knowledge of his credentials and of satisfy that he possesses the necessary on so i am happy to likewise join in with judge hall and improve your admission to our bar i look forward to seeing you on that side of the podium again some time please turn towards our clerk of court to be smart  to dissipate the claim it must disclose all the limitations of the claim arranged or combined in the same way as in the claim as a claim on the computer readable media claim and we've we've gone through there's there's the student body rents and both the body wants to not disclose all the limitations as claimed i could just briefly touch on that because i think they kind of set the stage it has sensors and signals and that when it is removed from a flat surface it turns into some type of it's into the rowboat or a presentation device and that happens automatically i gather it does happen automatically what happened what happens is it's wired or wireless so what happens is by doing that you're not changing the transmission device there's no nd transmission device and that's conceded that it's always consistently one transmission device so it doesn't go from r  correct ok yes and so your argument about titanium st embodiment is that when they lift it up it does transition from being a mouse to being a pointer so it meets the operational mode portion of a claim one but it then if you if you unplugged it it goes to presentation so you're saying the nd embodiment doesn't have the operational mode switch when you lift it off the service as required by claim one correct correct and it really doesn't have the transitional mode th made in the red brings about how they take the position that these are just two environments and that there is different possible features disclosed in the past  price i agree with that so we have that no you're not don't have that is what you're saying we don't have that and then secondly they say to two cases for that proposition that i think this is kind of interesting got wrigley and kind of mental metal you see that a bunch of times it shows up at fifteen of claim one of the wearing cause what it requires actually is that in the st mode the handheld device is configured to use the st transmission device in response to an activation of of some and there's a section of that quoted block where the board talks about the same mechanical means and that mechanical means is just the mechanics that do the automatic switching when you are setting it on the table and l through twenty nine dollars so that trance goes across the page those are that's where to frame is discussing the ways to switch modes paragraph twenty five dollars talks about a switch like a three position hardware speech i would call it and then twenty eight talks about that switching where you put it on the table and lift it off the table and twenty nine talks about software switch so this whole section is talking about how you that section to famous talking about how to communicate between the device and the host computer so thirty four talks about wired and wireless and thirty five dollars also talks about what it does of wireless and then your what paragraph talks about switching the transition or transmission mode by lifting it off the table i agree with you that this twenty talks about switching operational mode yes thirteen what's clean it is that in the st operational mode the device is configured to use the st command transmission device right response device to automatically transition right so me they claim in the at line ten on appendix thirteen automatic transmission when you lift it off off the table i have the claim in front of me where it was what limitations are you talking about  clause that claims the automatic switch between modes and if you look at the line sixteen through the end there's no there's something requiring an automatic switch between transmission devices that's the where and clause and the wearing cause has a configured to it it has a claim is that the transmission difference or just to make sure i understand your argument is that you definitely have to transition from one operational mode to a nd operational mode based on charming whether the handheld device is lifted or not but now we're this you're saying that this we're inclined when it talks about switching from different transmission modes it doesn't say us exactly how that occurred that's exactly right and it doesn't it definitely doesn't say automatically transition which we know they know how to claim because and i didn't really mind ten i think i for all i know that could be a good argument might be one of the concerns i have is that we do review these cases under the heat and just like any the st time we heard the words dependency or dependent was in the brief within the board was not didn't pass on the issue of whether these things were dependent on each other  in the reply brief they seem to try to get at some kind of something close to that but it didn't become clear until reef that they were arguing that the transmission devices are dependent on this this mechanical thing that laying it on the table and i guess i have the same concern that to have stalled it i mean there's there's no meat to the board's opinion this is definitely a vegetarian opinion and when you look at device while in nd operational mode and then princesses tabletop mode mouse mode i mean it just it sounds to me like the examiner was focused or in just having two different temp transition modes and the transition mode switching when you actually switch operational modes this paragraph read to me by the examiner suggest to me that the examiner shared the same view that the patentee your application did which is the mo switches when operational mode switches and i am struggling to understand or to see where the examiner or the board said that was not actually required by the patent because the paragraphs i'm reading by the examiner suggest that he device will use either a wired or or a wireless connection so they're arguing that this paragraph doesn't have the combination of both the computer input device format function to use a st command transmission device when the c that paragraph thirty six doesn't have the automatic switching of letting up the device from the table and putting it down and that's pretty much the argument in the appeal brief that that generally that the two do the transmission devices automatically change when the thing is lifted off people let me just briefly i think the claims of the claim it's very clear that the modes need to automatically transition and then the when that happens that the claims are very clear that configured to those that i was not presented the claims are to speak for themselves and the arguments were made and the p t o argue waiver on appeal issue i think strictly with respect to obvious this issues