"Does that not indicate, while more narrow the interpretation, it is still in play"

It indicates that their proposed was not considered.......lol

That considered....

RE: 8K..."The Opinion construes claim terms in United States Patent 5,491,774 , one of the Company’s Flash-R patents, more narrowly than proposed by the Company. The Company is evaluating with counsel the impact of the opinion on the litigation."

There does not seem to be a problem with the underlined...separate the issues, because there is a proposed and a published consideration that they have to allow comments to cover.

doni