I understand

That aside, questioning of the expert had to be under some form of context ...for the answers he gave Yunwirth. ?

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Featherstone:

Mihran was asked about the Schroder patent cited in the 774 as prior art. Asked if he read the definition of flash memory in the Microsoft (MSFT) Dictionary. Answered yes. Asked if he read other definitions in the MSFT dictionary. Answered yes. Yungwirth objected (don’t remember why) but the judge OVERRULED him. If I wrote it down correctly, Mihran was basically saying Norris got around the MSFT definition of flash memory by saying, “Flash memory is main memory”. Hopefully Profundo can help me out here.

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No detailed answers of what he considered the context to be...

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Yungwirth asked Mihran if the term RAM ever appears in the 774 patent or prosecution history. After thinking for a minute, answered no. Asked Mihran if the term Main Memory ever appears in the 774 patent or prosecution history. Again paused, and answered no. Asked Mihran if the USPTO examiner ever used the terms RAM, Main Memory, Primary Storage or Secondary Storage in the examiner summary record. Answered no.

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What does this say of the expert?

Anyway...

RE: 774 amendment and inventor remarks....regarding references.

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"Schroder teaches a dictation system which uses a "personal computer [which] includes a conventional keyboard which allows the user to input typed words as they listen to the dictation through the headphone...with storage 14, such as a floppy or hard disk." Col 1, lines 57-69. The system is "an integrated dictation and word-processing device." Col 1, line 40. This device is designed to take dictation and enable transcription as a word processor, all in one.

Ball discloses a telephone call screening and answering device. It is a "device and process whereby a plurality of delivered calling number[s] and associated announcement message pairs is [sic] automatically acquired and accumulated upon receipt of calls from unrecognized calling numbers.

The Microsoft Press Computer Dictionary offers a definition of "flash memory" and expressly confirms that "A disadvantage of the block-oriented nature of flash memory is that it cannot be practically used as main memory..." Page 168.

The combination of references and teachings is being applied against claims defining a hand-held dictation device…(Woodys) (approximately the size of a credit card), which uses flash memory as its main memory. At the outset, it seems unlikely that one skilled in the art would turn to a "dictation and word processor" (Schroder) which is clearly intended for desktop application, to discover the solution to development of a portable dictation device. Furthermore, this reference teaches the use of floppy or hard disks as a storage medium, when the present invention is directed toward the use of flash memory as the main memory system. Although the Ball reference teaches the use of flash memory as a part of a telephone answering system, the Microsoft Dictionary states that flash memory cannot be used as main memory. Certainly, viewing these references as a whole makes them, at a minimum, quite suspect."

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There is a context of flash as storage in the above.....not flash as RAM that the defendants want to depict as.

doni