"We know it's there, because of what the machine does... But, if you try and take it apart to find it, you can't, because it disappears."

There's a ton of very detailed prosecution history on the record regarding the re-exam.

It's not about finding anything physical ...The judge in Colorado wasn't looking for anything physical.... the judge was looking for language issues.

@ This point, it's about new language vs. old language as far as 774 is concerned… and being re-litigated under the new language approved by the USPTO.

Thing is, the appeal is not directly about the Colorado ruling, it’s about the principles the SC judge utilized in making his decision to rule in favor of the defendants regarding CE, while, more or less, over-ruling the presentation of Re-exam issues.

doni