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Re: StockAlphaDave post# 22964

Tuesday, 09/20/2016 3:39:17 PM

Tuesday, September 20, 2016 3:39:17 PM

Post# of 46281
My take of the boards query of Bungie requesting their desired claim construction was, " make it clear to us what you would like from us and support that with the prior art and how that prior art distinguishes itself from Worlds claims and patent specifications. If you can't do that then you have a problem"

You can see that Judge Begley stated specifically regards her inquiry on the Phillips vs. BRI standard in light of the patent expiration date, "this is critical to your case"

similarly Judge Easthom suggested that the interpretation of the priority of values assigned to an object vs. an avatar shown in the Durward and Funkhouser prior art said specifically "well we can't use our commonsense for that" referring to the recent Federal Appeal courts ruling that overturned a PTAB finding based in solely using commonsense without supporting facts.

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