at the time....That one could make circuitry as described below that would NOT use a RAM chip?? This is the only point wherein I see a weakness in our case if it were so. The fact that we demo'ed the Flashback to the patent examiner and it had a DRAM chip is certainly in our favor but it seems the Written record is the one that holds the most sway and so if our diagrams do not show a RAM chip, the defense's case would seem to be strengthened if the embodiment (i.e. the Flashback recorder) is not given its due weight as suggested by the defense argument. Nonetheless, I like our chances very much given what this case will seem to turn on. It clearly seems to this investor that one skilled in the arts would assume that RAM chips would be a part of the circuitry described below. If so, the Defense's argument is neutralized and patent is monetized.

said device comprising: a housing; a microphone element coupled to the housing and configured to receive and process sound into electrical signals; control circuitry coupled to the microphone element and including signal input circuitry, amplification circuitry, analog-to-digital conversion circuitry, memory control circuitry, signal output circuitry and control logic circuitry for performing record and playback functional