court this is a case about plastic bottles and in particular the two hundred six patent directed to a composition of very specific ingredients and my comments today are going to be focused on one of those ingredients the claim to two very important things first the in house counsel amended the work contained to the work comprising the differentiating the two one six patent from the priority one five nine ten and second in has pat coldness and when you look at the patent itself the abstract talks about a blend theme and then when you also talk about i'm sorry on confines roads forty through forty four as well as lines fifty four to fifty five they talk about blending components it would be very clear to someone of warnings from the art to know that blending is a mixing without it catchment without the politicians and then also when they talk about compensation that it would be incorporated into th six to be the same as its parent one five nine that just runs afoul of what did the amendment mean and what does the statement mean it would just it would be meaningless actually and so what happens is that this record construed these mark mars behind when you look at mars the difference there is that the word containing is not the transitional phrase it's in the body it was filed with that word it states that word there was no amendment to change it there was nothing in the record for this court to deviate from the ordinary and customary only contains that's not this case our case is we had an amendment and we had a statement made so again the containing word is used with conversation when they may change from containing comprising in response to the examiners question it had to mean something and it meant the alternative embodiments they were taught in the two and manufacturing of the pipe protect product his report though is void of any discussion of what happened in the proper claim construction or under defended and destruction which is the non attached so he had a section actually paragraphs three twelve and three thirteen as records that were supposed to be dedicated to the non attached discussion when unfortunately it appears he had a cut and paste error taken from the one side not in section to the two hundred six and so there's nothing in his report this was brought out of the deposition he never corrected and never submitted a supplemental report never filed a declaration there's nothing in the record that under the proper construction o but they focused solely on that disclaimer in they never argued that the specification in fact taught alternatives in which it was not attached in fact all parties agreed that the district court that it is attached to the aromatic nucular switches in turn final history as a whole and when the final history as a whole is reviewed there is not only one reasonable interpretation of this judge roberts and did a very careful analysis and found that there was another reasonable interpretation in fact the one that all the parties agreed on that it opinion there was a another reasonable interpretation of what the statement meant about it's not attached and she found it had to mean not directly attached because everybody agrees that it's attached to the paramedic nicholas which is in turn can't thank you with respect to the fact that there's a thought that any of these arguments are new they're not new the one thing that we have been clear on from day one from energy's point of view is that the proper place construction for this term requires third thirteen twenty three it is proper to put forth clarifying arguments in the appeal that might not have been followed but that being said i would also argue that it was raised in a footnote twelve of the court's claim construction a thirty three this is where the the judge did raise the fact that the cell phone monomer could be free floating in the composition responding to that the judge position and that it was looked at below  attached to the ear aromatic great claim line only talked about an aromatic grain claim once talked about metaphors in a felt being part of or incorporate into attached to the and the way it would work then to to reconcile that both of those will survive just fine is that your medal self in itself is attached to an aromatic brain over here maybe attached to coke polyester one but that metal softening salt is honor from what what i understand about the chemical process depending on where in the process you introduced things under the right conditions it would have power zation or not if you don't do it with the keep with the right  to be a catalyst and facilitate that polarisation and he just