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Message: defendants claim construct...

Make no mistake about it that the preferred embodiment arises from and is based on the Flashback

product , which is portable dictation device , but that is no reason to narrow the claims through claim

construction to a single embodiment of the invention.

As previously discussed , the Federal circuit has repeatedly admonished against narrowing claims

beyond the breath of specification or limiting claims to a single embodiment.

based on the claims themselves the 774 patent specification one of the ordinary skill in the art would

not understand the phase record / playback device to be limited to a dictation device.

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