>You guys are asking questions that are ultimately up to the court.  IMO these questions have been discussed after the Markman on the board. >

The purpose of my original question was to try to get inside judge Ward's head to understand why he may have been having a problem with how the court should construe 'varying together.' Why ask a question at the Markman unless that was the case? If this topic has been covered, I apologize. And if this topic is too trivial to warrant further discussion, I apologize again. Will go back to lurking mode now. Hope all having a great holiday weekend. Opty