In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: not explicitly mentioning the prior art problem of having to store complete copies of the web site's content on multiple servers, claim 6 contains provisions that refer to the solution to this problem: the preamble language indicating that the nodes (servers) contain different resources, and the steps relating to the delayed resource-binding aspect of the invention. The claim does not, however, make any reference to the bottleneck problem or to the bypass solution of that problem. Therefore, without explicit claim language relating to the bottleneck problem, we see no reason why the invention as recited in claim 6 must include the bypass feature described in the written description as a solution to that problem. See Honeywell, Inc. v. Victor Co. of Japan, 298 F.3d 1817 (Fed.Cir.2002) (<HOLDING>). Alteon also relies on the "Detailed
Holding statements: (A) holding that the computer readable code claimed in claim 6 the product claim was a part or component of that invention (B) holding that claimed invention did not need to solve both problems in the prior art when claim included language addressing only one problem (C) recognizing that courts must be careful not to allow hindsight reconstruction of references to reach the claimed invention without any explanation as to how or why the references would be combined to produce the claimed invention (D) holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention (E) holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art
[EX A]: (B)

[EX Q]: 2505. III. DISCUSSION A. No Private Cause of Action Under IGRA As an initial matter, the court dismisses all of plaintiffs claims against all defendants brought pursuant to alleged violations of IGRA. The court, following the majority of courts who have decided the issue, finds that IGRA provides no private right of action against the Tribe, the State, the federal government or any official or agency thereof. See, e.g., Tamiami Partners, Ltd. v. Miccosukee Tribe of Indians, 63 F.3d 1030, 1049 (11th Cir.1995)(finding plaintiff failed to state a claim against tribe for alleged failure to comply with IGRA's licensing requirements because no implied cause of action in IGRA); American Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012, 1053 (D.Ariz.2001)(citing 25 U.S.C. 2710(d)(7)(A))(<HOLDING>); Jimi Dev. Corp. v. Ute Mountain Ute Indian
Holding statements: (A) holding that no private right of action exists (B) holding that there is no private right of action for any person under 13d (C) holding that the scope of section 541 is broad and includes all kinds of property including causes of action (D) recognizing private right of action (E) holding only three kinds of entities are expressly given causes of action under igraindian tribes states and the united statesand there is no implied private right to enforce igra
[EX A]: (E)

[EX Q]: the issue on direct appeal" of his conviction. (Resp.'s Ex. 2, County Court Order Dated Sept. 1, 2009, Aug. 26, 2010, ECF No. 8-4.) Noting that "[t]he purpose of a 440.10 [motion] is to advise the Court of facts that were unknown at the time of the judgment," the County Court rejected Petitioner's legal insufficiency claim as unpreserved since it relied entirely on matters of record being improperly raised for the first time. Id. Failure to preserve an issue for state appellate review by not raising it on direct appeal is clearly an adequate and independent procedural ground recognized in New York and one on which the County Court relied in denying Petitioner's motion to vacate judgment. See, e.g., People v. Cooks, 67 N.Y.2d 100, 103-04, 500 N.Y.S.2d 503, 491 N.E.2d 676 (N.Y.1986) (<HOLDING>); see also People v. Jossiah, 2 A.D.3d 877, 769
Holding statements: (A) holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal (B) recognizing that the rule disallowing matters of record to be raised on a 44010 motion is designed to prevent cpl 44010 from being employed as a substitute for direct appeal when defendant was in a position to raise an issue on appeal or could readily have raised it on appeal but failed to do so (C) holding that an issue not raised in the trial court cannot be raised for the first time on appeal (D) holding claims must be raised on direct appeal or waived (E) holding that an issue not raised on appeal is waived
[EX A]:
(B)