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woops

09/17/12 2:35 PM

#58223 RE: 1110133 #58221

If Matthews spent 3000 hours, how is it he came up with Plaintiff's construction of "pre established vicinity range" as the following:

"a zone within which at least two transceivers in a transceiver assembly are able at a preset power level to recognize each other"


From tmobile brief:
"The prior art cited during prosecution disclosed auto-switching based on signal strength and quality. Thus, the prosecution history makes it clear that "pre-established vicinity range" cannot be synonymous with, or a proxy for, signal strength. Rather, it is physical distance, which was what allowed the patentee to overcome the prior art rejections."

Matthews construction flies in the face of the 923 patent.

I cannot decide what to think about "pre established vicinity rante". However, it is clear plaintiff sees a problem with the 923 patent wording and attempted a rewrite.

Will anyone please explain to me:
"a predetermined, maximum distance existing between the wireless communicaiton device and the computer facility"

What is the weakness in this definition for clyw?