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From Another Board Here's some plain "down-home" logic that was lifted from the Reddit board. Good stuff, IMHO. stooler •Posted by So just to follow the logic of ONE of the counterarguments of Google in their recent 205/206 filing:
Google claims that the whole reexamened '912 patent is invalid and unpatentable because Netlist decieved the court/patent board in saying it was going to narrow its claims but added to them instead. They argue that Netlist wrote this in their appeal brief before the Federal Circuit, I quote: "Netlist did what patent owners are expected to do during a reexamination—it narrowed its claims to define its precise inventive contributions over the prior art.” Google then proceeds to show three passages in the reexamined patent which were added to claim 1 and says this does not constitute narrowing but adding new functions and therefore Netlist lied to the court (so called "unclean hands") in saying it was narrowing its claims and that is why patent '912 should be declared invalid. But in my opinion Google is playing dumb here. Saying "narrowing claims to define its precise inventive contributions" doesn't mean removing text or not adding more funcionality to it in form of more parts, but narrowing the scope of a claim itself by being more precise in what it encompasses. This in turn you can only do by adding passages. A claim that has more text and description doesn't become wider in scope but narrower instead. Example: alone, this means it claims for itself ALL circuit boards. If you write a claim Y envisions you have added a chip to the board (functional logic) but NARROWED the scope of the claim becaue now it encompasses only boards which have such chips and interfaces for LED integration, but not OTHER boards. Who else of you can follow this? This claim by Google that Netlist decieved the court represents the main defense argument in Google's latest filing and it refers to paragraphs 17-34 out of all 34 defense paragraphs. If this gets refuted, which I think it will, Google's defense will be rendered pretty much useless.
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