I believe there is no right justification specified in the patent claims. The court added that part, and that is the reason for the appeal. I see no reason why the USPTO can't totally disregard the lower court's construction. If the appeallate court agrees that it was a proper construction, then in the future any court interpetation will probably rely on that construction. There is neither logic or reason for the USPTO to write that limitation into the patent unless there is prior art that would require it. IMHO only and would like to hear what others have to say. Opty