"...a wholly different invention was created." Oh yeah baby!

Excerpt from EDIG V APPLE DOC 34

2. The Reexamination History Is Material To The Construction Of The Term Construed in Colorado.

The ’774 patent reexamination history is replete with references to the presence of RAM being used in the claimed invention to support microprocessor operations. Specifically, in the course of ’774 patent reexamination proceedings, a personal interview was held on December 2, 2011 with USPTO Central Reexamination Unit members Examiner Tran, Examiner Nalven and Senior Examiner Ryman (See Exhibit 4 to Hedrick Decl.). Two weeks later e.Digital filed a Response in Ex Parte Reexamination of U.S. Patent No. 5,491,774 on December 20, 2011. (See Exhibit 5 to Hedrick Decl. and Exhibits D through G thereto.) Attached to the response are figures that were discussed at length with the USPTO. (See Exhibit 4 to Hedrick Decl. (noting the discussion of the referenced figures.) These figures specifically refer to the presence of RAM in the invention of the ’774 patent to support microprocessor operations. (See Exhibit 5 to Hedrick Decl.and Exhibits D through H thereto.)

With the addition of the words “microprocessor coupled to switch circuitry” and the additional narrowing amendments highlighted above, a wholly different invention was created. Because, as shown above, the new claims reflect the addition of a microprocessor with supporting RAM, which is coupled to the DSP, CODEC, memory circuitry, and control logic, and which “drive[s] all system components,” the new claims must necessarily affect the construction of the term “sole memory of the received processed sound electrical signals.”