on perhaps the game itself is connected online but not used outside of the game in for example an avatar shop or or in some other online context outside of gameplay where line in for example an online store such as an avatar shop where you can purchase items that are usable in gameplay you quick those items even in the avatar shop and through the game have those items equipped and shown on the avatar as it's represented in gameplay just as the avatar would have been represented in the avatar shop outside of gameplay and the the game items that are picked up in the avatar shop and then brought into the game are  d and combined into wires of the game which are and they come combining is a recital step of claim one for example and the combining those is done using multiple screen for example figure one of the up with two manual that's relied on running it's in the play screen it could have multiple layers to it to the character itself it's not clear whether it does it might just be a single layer representation but the quite the boiler they seem to  they seem to be the it seems that the board found that by way of saying that if you if you add a game item to a slot that's in an inventory screen then it will show up on the character so the board found that th e inventory slots are the multiple layers that and with which game items are associated and the problem with that finding is that it ignores the the express claim language the for a claim one for example requires that go for the arrows goes away yes or no if so facto it's changed there's a there's a different layer that is not it's not clear what's going on with the character that's in the play screen if it's c to quiver may disappear but there was no step of combining a a liar with the avatar that's associated with the game item the the the layers of the board is it determines correspond to the layers in the claim are layers and in the inventory screen that's in that in figure one that's part of it but that's part of the game that's not part of the of the av whichever way you read the games or avatar recitation of the claims requires a gamma chart to have multiple layers itself not just be associated with multiple layers and the board determined that the figure one for example there are game items shown in an inventory screen on the right hand side of the of the figure and that inventory screen let's assume they have layers they are not but they are separate from in fact the  board had found that it for example and does not make sense to the board that running out of job ones would not cause its disappearance javelins from from the the game character which i think is an improper  determination because there's that that may not make sense to the board but there's no common sense finding in the prior art to that effect so it i by substantial evidence and hasn't shown otherwise each of the findings of where the of that that the diablo two manual included discloses are teaches a specific opposing counsel i don't recall seeing as actually he says it's read through the briefs i don't recall seeing it that you could have an avatar that strolls metaphorically into an online argue in a certain is that the the gamba tar has to be or that or an avatar or gamma tar has to be available online or on the both online and in the game and outside the game that something that was specifically addressed by the board and what the board found is either under boards construction or under gaps construction requiring that outside the game that diablo two indeed does disclose that the dot net which is blizzard's online gaming and would connect to the network to select and create characters there's also disclosure about being able to use the same characters in an online chat room and set up other games how does it have to go further outside of record i should have spent more time playing video games i should have spent channels so perhaps they're all within the same realm but there could be multiple diablo two games but regardless i think even under the the narrower construction here that up that there is not that kind of requirement there and again i think that that is the new a new argument with respect to this avatar shop with a new argument that's being raised for the st time on a fuel and i believe in the reply f om with respect to the issue of layers diablo two this is a an issue again where the board the boards finding that layers are disclosed in diablo two is supported by substantial evidence diablo two discloses that there are multiple but there's multiple graphic regions for displaying graphics objects that's that's detailed in the board's final written decision shows a character holding a javelin and that's just the representative and shows that there was substantial evidence to show that these layers are displayed on on the on the actual characters and i imagine there would be other addition to the two diablo two actually disclosing the actual figure showing that as an example the character holding a javelin there's there's ample evidence in the record showing that diablo two also has shows layers substantial evidence which would disagree there is substantial evidence record to show that it does then layers are also disclosed by expressing disclosed by rodgers and the combination in their substantial evidence for the common eight to show the combination of idea we discussed that here this morning your honor by way of just to explain the context of the claim so it wasn't raised before any  recognize the distinction between the argument that we have an art and our appeal before opening which is the reality reference does not disclose a gamma to art and the reasoning why is because a gamma target is specific layers multiple layers for adding game items and game item functions and rogers does disclose adding layers and forming avatars using add by adding layers but rogers doesn't  inventory screen to the right of the player which is which is different and i only raised the i believe i only raise the avatar shopper item shop to explain that's the advantage that the game items can be purchased