There is nothing there implying I am going to rule against EDIG. That is why Jameson did not object.

Gil, I agree with you 1000% and did not mean to imply otherwise. When Judge Krieger said what she did, it just caught me off guard but once I mulled it over, I came to the same conclusions you did. I think it's clear to both parties and Judge Krieger, the two terms in question ARE THE CASE.

I reported that as the morning started, Judge Krieger started out by saying she's read all the written briefs and wanted the eight claim terms listed in a hierarchy. I now remember she went on to say something like, "I'm guessing that the term, 'a flash memory module which operates as sole memory of the received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form', will be number one". As she said that, she smiled a little.