Crystals are by design fixed frequency devices whose oscillation speed is designed to be tightly controlled and to vary minimally due to variations in manufacturing, operating voltage and temperature. The Magar microprocessor in no way contemplates a variable speed clock as claimed.10
In the same amendment, the applicants also argued that the Magar clock could not practice the claimed invention because of its reliance on a crystal, which by its nature cannot vary its oscillation frequency:

I seem to recall some hair splitting regarding the definition of fixed vs. variable by one of the infringers in a previous argument. Grewals recommendation seems to cut thru that. Basically, the 336 was designed as variable speed (not fixed) devise but the past arguement I am referring to argued that even though something is designed as fixed, it still varies. I recall we had to define what "varies" meant and to what degree does variation qualitfy as a "variable speed" devise. Variable in that there we minute fluxuations from voltage and heat, but we argued this was not by design. Ours is by design.

I think Grewals recommendation cuts thru this and best defines what we have been after. I think some of us got caught up in Grewal's comments as to his thought process and his reference to the "narrowing" and took it as a scolding and now it is coming back to haunt us. In the end though, not so. It is giving us what wew want. JMHO.