ing the primary reference well or us type number seven one zero seven five two six at eighty five a one of six and that there improperly modifying well or by a second reference which is the world wide web consortium  the w three c web content accessibility guidelines which would basically change the principal operation of the base reference and finally even if it was proper to modify whether by the w three c reference the end result would not meet the claims so let me first address briefly mr slott six invention mr slotnick invention is for basically changing a coded file to make it enhance readability for a reader who has difficulty distinguishing be a lavender bar in the left and a red bar on the right for left right or just lavender on the left so the the director properly so chose to analyze the broadest version which would just be a left right much of the zine on one side of the page so somebody with a cognitive learning disability would know i start from the left and go to the right well the primary reference that the director relies upon well or is actually at a ninety nine directed to an invention for fifteen web pages to determine if there's links or tanks inside the web pages at a proxy server so there's a proxy server two hundred and that that proxy servers going to analyze the pages for ta and if there are tags and it's going to send down to the user's computer injectable content that injectable content might be a print function a save function an image corporate logo a trademark that information it was  left right orientation just as well as book knowledge that figure eight which is the primary figure on p g ninety four that the director relies upon one version allows you to send th well or didn't show the symmetrical design on a conditional basis that is not on you know a single with each basis that it would it would fully anticipate the well i don't agree that is or is  that it is that the only shortcoming of well are others to shortcomings actually but i think the conditional one is very important or honor if if it were to be overridden so that always sent injectable content to the left side of the screen that would override the principle or the front of the invention of well or and can refrain back to page ninety nine in column one line fifty to fifty three the purpose of selectively sending injectable content is because what the invention provides the invention provides systems methods and repl user interfaces that allow distributed network users to down in look down load information without need the sleep consuming storage space or slowing operation of the user's computer who's on explain that that's why the proxy server filters to see if there's tags on the page or not so if you look at that you are three which is it eighty nine the director proposes that will destroy as to ten as to fifteen as to twenty where at us to ten and analyze receive content for attack if attacks found in certain sectors injectable content if no tags sound just send the plain page the director's modification here would destroy the thrust of the claimed invention of well or because the director says let's always insert injectable content there was a tag for every and there would be injectable content for every page and that modification required modifying every page on every web page and every website in the entire world that doesn't make sense that's not it's not consistent with what the rest you know so now we're going to go out tell every web page and the entire world you have to put tags on the web page we know that there's pages that don't have injectable content there's plain static pages that are downloaded so this is going to send that clean page without the additional injectable  this is the claimed invention of well or if you refer to the claims he want to five for example it claims the terminating whether the receive document contains a plurality of links to retrieve respectively retrieval items and technical content represented by an icon button or image the injectable content is actually a button that goes back up to the proxy server to reduce overhead on the user's computer if you always in certain technical content you could be sending down corporate logo at the director said in its brief that you know see now you're adding overhead to pages and the whole purpose of well or as he said it he did a ninety nine was to reduce the memory going down to a user's computer  so it's well settled case law and that's our second point that is the proposed modification were to change the principle of operation of the prior to invention be modified the teachings of the references are insufficient to render the case claims prima facia obvious rattie since one thousand fifty nine now is the director you don't have anything else other than writing i mean you have to have a patent manual citing to it yes and that's it that's correct and by the same token the director has nothing that says in iraq he was overruled or overturn merely a third that roughly doesn't apply to a case like this where the modification is easily made and its benefits readily apparent well there's no citation of law in the director's brief that says that that's true that you can override in re razzi with the m p p twenty one forty three point one either and just because an allegedly easy or an easy modification always readily apparent by hindsight mr slats next disclosure said we're going to put a left right asymmetrical design for giving orientation the reason for modifying which now just that now too is th w three c reference and this is really a fairly weak reason to modify in the director's brief and in the brief below at the board of appeals and through the examination i think it got morphed into being something stronger than it is but if you refer to the w three c reference which the w three c is a organ and nonprofit organization of programmers cern and other nonprofit collections that give this recommendation about how you make web pages well if we look at the actual pages relied upon in the w three c which are the guidelines that they want twenty seven and a one twenty eight it merely says if you read the actual language here and read it over and over provide cont and orientation information it doesn't tell me that i'm going to need orientation information to read from left to right pretty broad guidelines thirteen provide clear navigation mechanisms provide clear and consistent navigation mechanisms such as orientation information navigation bars a site map none of those are mentioned and well or as being the injectable content injectable content well or is trademarks logos functions like print filter calculator if you look at the only specific recommendation which is one of the check points in a w three c it says thirteen point four use navigation may have mechanisms in a consistent manner priority to go back and look at a priority to checkpoint on page eighty one fourteen it says a priority one is a web content developer must satisfy this checkpoint party two on the other hand says a web content developer should satisfy this check and so we have a recommendation that says you should do this the director saying every web page in the world should be changed so it has a tag has put injectable content so it's really destroying the principal it's a vis aerating the principal operation of well so in the well are and fig three it's the only embodiment shown it goes and looks for tanks to put this injectable content without having to have the well  reason and if you take away the structure of the data files the reason for his invention i think you're changing the principal operation of the primary reference the director addresses that though he in  their briefs and opposition said ok well look if you skip those first three steps on figure three and always inject content it's ok because you'll have the additional content that's recognized in the steps below if you notice and that's at two thirty through to forty ok we're going to analyze receive content for additional tags if additional tags are found we're going to sirt that additional content on the language that supports figure eight that the figure that the as shown in figure eight the graphical user interface nine hundred concludes in injectable content bar nine ten that's the bar on the left the injectable content part one ten includes all all of the nonselective all injective all content functions the select functions and the custom injectable content options so if the directors write we could take the w three c week teaching and modify figure eight so that now we're not always but injectable contents and i'm not sure what injectable not necessarily do that i have a little bit of a disagreement with mister simmons as to whether the tag environment is a fundamental embodiment in all the claims of describing only one place in the specification it's described in the context of fig three i think the examiner and the board both assumed for purposes of argument that tags was a requirement in well or but then the examiner looked at the figure and simply said well you have to do is remove the ta function this conditional function and you would arrive at figure eight always and then you'd always have that left right display exam at the position it's a sixty nine and a seventy that the principle of operation of well or was not something to do with the tags but was just this idea of inserting injectable content into a web display and that's how for him it was a easy matter to simply remove the conditional nature of well or and arrive at figure eight always especially when you if you look at figure eight if you don't read the rest well or you might well say figure eight itself anticipates you and you can also say it's obvious to make that always because there's clearly going to be benefits to have a consistent layout you want to know where your print function is but i do think that understand it is that suggest a lot of ordinary skill in the art would want to i think that's his argument i don't think it's correct well or describes many many different environments one of which is this idea of if you have a p v a which can store a lot of doesn't have a lot of memory and if you're downloading big documents on your p t a it'll slow down the operation of that machine now this is two thousand and three remember this is before i phones and kindle fires in a lab but the the well are invention as well let's put  proxy server there and so there is some big downloadable file that's on the proxy server but if you want to print it or store your p v a then you can do that for your p t a without slowing down the operation of the p t a and so that's the environment where you're looking for links within this the the web page links that you don't necessarily want to download on your p t a but it also talks about simply using this idea of injecting content into a web page such as a corporate logo that would be  face space wouldn't affect the operation of a p v a you could inject that all the time and i don't see you know any reason why you wouldn't want to have the corporate logo on every single page and if that's not specifically in well or it's an obvious modification to well or and that could  orientation like the icons on figure eight as well this appears simmons says that what you're saying is every web page in the world should be changed no not at all only if you accept this idea  a fundamental feature of well or in some way which which we don't our ideas we would simply remove the tag and then what happens is it's the software that intercepts the web page that inserts this left right asymmetrical design so it's not anything to do with the web page if we retain the tags in every single web page even then i'm not sure if that's correct because the assumption is still you know you look at the for the tag but then we still have this extra idea in our rejection that you would be inserting a left phrase symmetrical design beyond that and that would be helpful to a user  with trying to combine a seal that was used a bore seal with a coffee maker and the court said the coffee maker was there in a remote r and also would change the fundamental operation of the original seal which was stiff in the underlying in the in the a ninety nine section it talks about all the different types of injectable content there are if you look at column two from about lines twenty through thirty six it says the invention provides both icons buttons selectable items or the like which represent an underlying function to be performed and then they list the underlying functions well without having a tag how would the system of whether know what injectable content to put in that spot there's no screen shown in any of the figures that always put the corporate logo injectable content anywhere all this all the screens are for setting up where you would place the injectable content on the screen left right bottom top next to the link and the other screens talk about which type of injectable content you could have but it doesn't say ok select this one at the default you can always put this on the left so we strongly disagree that there embodiment that says you can put the corporate logo on the page without a tag the well referenced requires that the be a tag also the the the reference to the modification that the the director is making so that you know the tech support the figure eight upon which the director realize state that the injectable contents are includes all the nonselective injectable content injectable functions and the custom injectable content functions so if we were to make the directors change where you would then women and you would always inject the corporate logo on the left because the user selected the left when it found additional tags those additional tagged with them put injectable content on the left as well so now that doesn't meet the claim limitation because the claims call for always inserting a left right the symmetrical design into the source code left to right the asymmetrical design the symmetrical the zine extending along at least the left right edges of the code file so now if i had a web page that had no tags using the directors example it would insert a corporate logo on the left the user downloads another web page that has additional tax it's going to add those additional functions to the left now the asymmetrical design is not the same between the first page and the second page so even if the modification were correct which we iraqi even if it were correct then you wouldn't have faced the single claimed asymmetrical design always extending on the left right edge if there any further questions i'd like to address