got hung up on a statement in the abstract that led it to conclude wrongly that an operating session must are only after initial authentication the full intrinsic record demonstrates that an operating session starts with a request for a protected resource based on its definition of operating session however the court reasoned at a one thirty one that float it thereby follows that the claim limitations require reporting of the pre determined digital idea during an operating session do not read on  read perfectly on initial authentication which happens in an operating session when of one and twenty four were amended during prosecution to head limitations in effect from dependent claims three to five i guess that's price point five was the one which previously did i think everybody agrees require real authentic a correct claim of five required  actually encompassed initial authentication andrea authentication and then its claim six that talks about successive requests which is the first point that exclusively talks about reoffending so what was added from claim five was to check had the requirement of intermittent checking so checking right at the outset would satisfy the requirement to be part of the not be the whole that's correct there are so the question my question is what if claims five three and five selective glue for quest language was not put in a claim twenty four at all so if the examiner thought that they were the idea that reification was being added it certainly could have been adequate twenty four which was application claim twenty eight but more one already believes to be the case says and for example i would not say that i checked the newspaper to today to confirm that i won the lottery unless you had called me and told me that i won the lottery and i would check it confirmed so it seems to me that that itself  request there is a user in this strong authentication context there was a user with an access key and there's going to be a digital identification while you're confirming that it's there if it actually goes through the step of requesting it obtaining it adding it to the it talks about the elements of this claim occurring in an operating session it doesn't say before operating session starts the second and third elements of claim want to refer to forty identity data for the server and subscriber quote at the beginning of an operating session in which ok so this is happening again in an operating session in which access to selected resources is requested and so the request for resources in the session so that's three places in the preamble and first of all ms word says this happens in a session figure two starts with step one which is request for protective contact which is exactly what we're saying starts a session operator session from there you can continue for example two figures seventeen and access key it's combining it with the username and password and it's sending it back to the server which clears it with the clearinghouse and then decides if it's authentic that it can release the protection resource so figure to figure some people you're eighteen off it with  wasn't part of claim one to four claims one of four did not refer to the hard work and checking for the digital idea off of the hard work so that was added from claim five and it was added to play one with the language selectively request it was added to claim twenty four without even that selectively the first language was simply added that it checks for the digital identification it has to get that digital identification as you see in figure eighteen and  out that you have a valid server and a valid subscriber and figure twenty nine little for you to figure twenty just reification and that's a separate process although it has some of the same elements and in your view what is it and is was in claim five that was added that wasn't already present in claim three when it was a plane requesting the digital identification from the hard work that's what's explicit an element and that's not in element it's hard to imagine what purpose would be served by the hardware to be adapted to generate a pre determined digital identification if it wasn't going to be exactly that system well there are other things that could be artwork e it could be just a number it could so it's consistent with both worked ok so we really can't count that two it's not asking for identity data it's yes and asking for identity doubt if it's asking for something specific right just the pre determined digital information that was the word that jumped out at me when i first look at it when you confirm something there is a statement made and then you're confirming your lottery it's ronald reagan's famous quote trust but verify i trust that you've done something whether it's  where you have back up the initial authentication mechanisms so that you you have three different ways to tell whether you've got the right person and your third way becomes a confirming method it just gives you  greater insurance something that you already have some indication you're probably articulate it even better than him but i don't understand that point and why confirming is something white confirming is the same as confirm and that's the three sense fact it comes from the server consistent but it's a server request to that it's only digital information and three that it's confirming but the file history makes is very clear and that was my opening point when original claim dependent claim five said intermittently the server intermittently requests this digital id to confirm the hard key is a cat attached even prison exactly what they did they took those features and put in the plane not quite able to come back to that in a minute but that suddenly changed and the examiner told us why he was alive that the prior art fails to show that the hardware have to do it at least once and we're looking for a subset of data that you have identity data now all we want is it'll information so it's completely consistent with the authentication but you're only going to do it scope of a claim for purposes of reasons for allowances not binding of said alone that may be true but coupled with the reasons why it allowed the client the subtle word change design you can decide this on their bike and in firms connected but not only that even if it was decided not to rule and thereby concerns we couldn't decide the case i take it on on issues two and three exactly so i'm not sure why we're here other than to if there's agreement give the district court some advice it certainly unconnected without question that there would be giving him advice on my interest we've made that point now and our position  doesn't belong at operating session is only in here in before front of you because it was one of the rationale subjects for and used to reach his claim construction onto their bike but i agree with you if probably construed to the operating session how to properly construe that doesn't include within the operating session or not and we have competing definitions for that term president's position is that that embraces the operating said session our position defend its position is it's opposed to what the abstract says you're allowed to ignore and it's not that clear and it's pretty clear that it's there's at least all the gin and dispute in the specification answers that for us you know that supported the starting session the whole thing is called the session but when you put the adjective operating session you have the abstract and then you put the adjective new session or active session you have at the digital information and you have boxes two two two two two four act saying ok this is the server requesting only the digital information that comes in from the server that goes to the server and that gets sent over the client  says give me your is a like day passes it back up to the server on to twenty one and then the confirmation to show you the how this all comes to closure here if you look at  confirmed with what was originally used a lot now in terms of the mechanics of the initial authorization and in this authentication yes process the mechanics setting aside the fact that in real authentic ation there's a call only for the digital information and mechanics with respect to the calling for information regarding digital information the same as those described in d n a with the not that digital id is then merged to the loggin parameters and it becomes one of a group set of numbers username password and digital like date so in that case it gets lumped together into a bigger number depended claim three at least one hardware keep connected to the surprise her client computer ted keep being adapted to generate a pre determined digital identification that's going to be  all right thank you just be clear that we all agree there is a call i think for the digital id alone as part of initial authentication and then it gets combined as he said several times with username and password it said to the clearing house and  you know that claim one is about initial authentication because you have in the further elements of claim one after each the combining to form said identity data of which the predetermined digital id is a part that is then sent to the server would send it to the clearinghouse the clearinghouse authenticates and then you release the protected resource so that's exactly right that it requests because it has to request that off of the hardware key by itself because that's what's on the hard work including f authentication and to go to something just bryson was discussing earlier or earlier i think this is an illustrative one of the terms that was put into play one was selectively request and it's worth noting in the judge opinion at eight forty seven and forty eight that is part of construing the server software means on the server it's one twelve six limitation and it's not contested on this appeal the court's construction of the structure and it said on page eight forty eight the top of the page the corresponding structure is quote that portion of the server software that selectively determines whether e g upon a