The claim wording cannot be changed. The patent has expired.

What has once been said cannot be unsaid. It's called file wrapper estoppel and the applicant's arguments in response to an Examiner's rejection is a permanent part of the record and all claims will always have the limitations of the arguments imputed to the claim--regardless of the what the claim on its face may state.

Also, many of you are keying on the word "recommended". However, there is little chance that the judge will not use Judge Grewal's construction and start the whole process over again. It's a possibility, but I wouldn't come close to hanging my hat on that.

I'm not a litigation person--although I have some experience in IP litigation--so I don't know where PTSC goes from here. But I think the road got quite a bit steeper for PTSC. That being said, I fully expect PTSC to file an objection to the construction. There is no other realistic choice.