the board concluded that disclosing the change in the number of repetitions is enough to disclose changing the number of sets the problem with that is that there's no evidence to support for the fd and that's something that the simplicity of the technology now from our position and twenty sixteen that makes a pretty dangerous because the appeal of hindsight reasoning is something that's that's can be great for situations like this so we have to be rigorous for examination of the record and find that evidence that support include changes to the sat well because the term exercise program in the direct friends has a very specific mean it's defined very narrow and it's defined to refer only to the number of repetitions or change in the number  says exercise program will typically include the weight to be simulated by the resistance in the system and the number of repetitions of the exercise to be performed by the user but what's important to note that everywhere else in the reference exercise program is used consistently in that wants to talk about sets dire uses the term exercise session or exercise record information and in our briefs we list all the places where this happens i've got a right here i can read to you but you know there is a you a bunch of different sets of different repetitions and so that's that's the danger because if it's sitting here twenty sixteen that's how we feel but there's no evidence of that in the rap record i mean there is i mean there's the more general statement about h on the news or past and present performance prescribes an exercise program i mean it can't just say do sat or do repetitions it has to tell you what kind of repetition starts and then it doesn't ever tell you when it whenever i want to talk about sets it talks about it will say set but it doesn't talk about sets comprising part of an exercise program when it wants to talk about the rehearsal exercise programme and we were talking about a reference that is telling you how to change do it at your side program remotely and i mean an exercise program has if it's telling you to do repetition and it can't just say you do fifty repetitions without describing what those repetitions are uk and it what you know that doesn't say what there are but it doesn't say do three sets of fifty repetitions but never said anything about changing that value it might talk about being able to do that with it doesn't talk about changing that and if changing that is so fundamental and so obvious and was so at the time in one thousand nine hundred five that's what we have to verify and there's no evidence of that there's no evidence in the record that that's what a person in one thousand nine hundred five would have read the diary reference of disclosing and if making changes to set number is something that's so changing the number of cents or there would be obvious from time to change the numbers a little bit of both i think that really is an obviousness conclusion but they also did this exercise program argument where they brought in an exercise program into the construction at the very end and said that same term appears and dire and this was an argument that we were never allowed to thrust complex technology so when why when the three sets why do two or even say instead of doing three sets of ten we're going to do three sets of sets those are fungible pretty much we're talking about up to please bear in mind right now understand put all you're talking about is basically computerizing a personal trainer and so i mean those two kinds of directions it seems obvious to me that in one thousand nine hundred five a person of ordinary skill would have understood if they said change the number of repetitions they could have just as about that or more that that the technique from a technology standpoint we have computing horsepower to alter the number of sets versus the number of reps there's a distinction there and it's the petitioners burden to draw the correlation between those two and that in addition from an exercise into standpoint whether you know of one set of one hundred repetitions is expected by the personal trainer to yield the same with sult second have the same benefits as ten sets of ten repetitions do those have good morning yours please the court i'd like a brief introduction and then respond directly to the questions you're asking the council this is our field here are straightforward and narrow and it is a matter of common sense issues and arguments really that he just says that in an exercise routine you would have a number of steps the number of parameters within those steps in those stats he would have weighed associated with the number of repetitions that's number of sets right well doesn't say that he just says an exercise routine involves sets and steps and parameters that's all the sense right in our in our in the question was about how does a person or measure skill apply the five and it's lines three hundred fifteen mph and i don't understand how this is the expert testimony that supports your claim kind of person skill in the art would know you can vary the number that mean that's the only thing missing from dire welcome places about it's a stupid little point but your the petitioner it was your burden put on evidence this isn't a case where you know it's just the government acting on its own which is a little more forgivable relief we sometimes say well the government's like a lot of common sense when there's a petition who's brought up the titian and has put on evidence including expert testimony we hold them to actually having to establish all of their points with evidence in your question it isn't even directed to what asking your question is directed to how you look at her disclosure and strength equivalent to a treadmill or a bicycle that has nothing to do with carrying lot of column forty seven lines fifty five through sixty eight this is the user initiated skipping of sites and diary and specifically talks about the one preferred environment of the system that line fifty nine compares the number of sets completed with the value of sets to be completed in a given session and it states that the user does not finish all sets here so advice if he does not then complete the session his record is marked but coaching comments regarding this may be given exercise program and whether or not there's a disclosure of sites we believe that exercise if you read dire dire exercise session is a specific workout exercise program is the larger umbrella for the exercise session and specifically  specifically referencing figure twenty five twenty six which talks about sets in figure twenty six presumably has sex in it and direct and is well over twenty five which is the more general again so we talk about the and in fact dire as well talked about a rest period and figure twenty nine of ten seconds which would be another side as well and that said specifically  where the user does not stop for more than a given limited time period such as three seconds which is something i think your trainer would like but in terms of that the person would understand doing weight training that you do have cites reps and we are three things you can change response to and if the user stops the claims not satisfied unless the system then carries on and determines to carry out a different number of steps but i thought the user changed the number of ok but the system has to respond to this this is responding to user input the user input is not saying i want to do a different sort of steps that defeats the whole purpose of the claim the claim is is determined the system determines it calculates to carry out a change an exercise program based on the form of this that's what that language sets get it so if exercise program includes sets this is changing the number of sets based on performance it's r i don't believe that can forty seven discloses changing the number of steps i think it says you can skip and means if you skip one that doesn't have failed to work out the program dictating a different number of like to turn briefly to exhibit ten seventeen we've discussed here the discussion of sort of bears out point that there's no evidence no support in the record for the idea that disclosure of of changing repetition the shell and none of those supported the idea that exercise program is something that as the board said in the fitness world has long been known to be defined by both the number of repetitions  exercise program as i said has a special meaning in dyer and it's not standard industry me