sman...

"Nevertheless, Defendants take issue with e.Digital’s use of the phrase removable as part of the construction of a particular aspect of the flash memory module: “which operates as sole memory of the received processed sound electrical signals.”

Defendants’ argument, however, is based on the mistaken assumption that the single flash memory module limitation should be carved up into separate limitations, an assumption they fail to support with any argument in their Opening Brief.

In other words, Defendants invite the Court to ignore the inherent structure of claims 1 and 19 that make clear that the removable flash memory module be defined based on two functionalities: (1) that it is the only removable memory storage device that receives for storage the processed sound electrical signals, and (2) that it is capable of retaining for storage digital information without the need for ongoing power support. These two functionalities define Case 1:09-cv-02578-MSK-MJW Document 303 Filed 07/14/10 USDC Colorado Page 30 of 46 - 26 - the claimed and admittedly removable flash memory module that is to be coupled to the receiving socket."

"(1) that it is the only removable memory storage device that receives for storage the processed sound electrical signals, and "

"processed sound electrical signals" = both data conditions of claim 1(field of use digital) and claim 19(field of use analog) regarding "flash memory". There's a reason to have to state "the only" or"sole" for the flash memory, that being, the memory is being utilized for the storage of two preconditioned issues.

"(2) that it is capable of retaining for storage digital information without the need for ongoing power support."

"digital information" is a function for both memory types of the patent, that being, for claim 1 and 19 (Flash memory) and claim 19 (recording medium)

Keep in mind that the digital/analog data of (1) is not the same as "digital information" of (2).

(2) manages (1)

"should be carved up into separate limitations,"

The first USPTO team understood that there was a difference between "digital information" and "processed sound electrical signals". IMO, the re-examiners will see it the same way.

doni