"I still do not understand how/why 108 is included in the CE decision."
The 108 is very definitive (explicit) with regard to RAM being a physical required issue ....as to one of ordinary skill in the art. 108 and 774 are identical patents for all intent and purpose....it's being used to support 774 originally having non-definitive (implicit) considerations (now explicit post re-exam) for the RAM issue needed.
The USPTO examiner aligned 108 and 774 as they should be.
"In my non lawyer view, 108 does not belong in the CE discussion, but it somehow is."
Mine as well, however it is, by luck, IMO....and the judge ruled on that and can not change that fact....a serendipitous consideration I recent commented about.
Perhaps defendant thought they were smart having it included in the CE...a back fire for sure if that was the case.
108 is gold for e.Digial in its appeal effort....and, IMO, totally over looked by defendants as important.
doni
