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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`EBAY ENTERPRISE, INC and EBAY INC.
`Petitioners
`
`v.
`
`LAWRENCE B. LOCKWOOD
`Patent Owner
`__________________
`
`Case CBM2014-00026
`U.S. Patent No. 5,576,951
`____________________
`
`
`DECLARATION OF EARL SACERDOTI, PH.D
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Lockwood Exhibit 2022
`eBay v. Lockwood
`CBM2014-00026
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`
`
`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`I, EARL D. SACERDOTI, DECLARE AS FOLLOWS:
`
`1.
`
`I have been engaged by Sterne, Kessler, Goldstein & Fox P.L.L.C. on
`
`behalf of Patent Owner, Lawrence B. Lockwood, for the above-captioned covered
`
`business method review proceeding. I understand that this proceeding involves
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`United States Patent 5,576,951, entitled “Automated Sales and Services System”
`
`by Lawrence B. Lockwood, filed March 16, 1994, issued November 19, 1996,
`
`(“the ’951 Patent”).
`
`2.
`
`I have reviewed and am familiar with the ’951 patent. I understand
`
`that U.S. App. No. 08/210,301 matured into the ’951 patent and is a continuation-
`
`in-part of U.S. App. No. 08/096,610, filed July 23, 1993, now abandoned, which is
`
`a continuation of U.S. App. No. 07/752,026, filed August 29, 1991, now
`
`abandoned, which is a continuation of U.S. App. No. 07/168,856, filed March 16,
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`1988, now abandoned, which is a continuation of U.S. App. No. 06/822,115, filed
`
`January 24, 1986, now abandoned, which is a continuation-in-part of U.S. App.
`
`No. 06/613,525, filed May 24, 1984, now U.S. Patent No. 4,567,359. The ’951
`
`patent is also a continuation-in-part of U.S. App. No. 08/116,654, filed September
`
`3, 1993, now U.S. Patent 5,309,355, which is a continuation of U.S. App. No.
`
`07/396,283, filed August 21, 1989, now abandoned, which is a continuation-in-part
`
`of U.S. App. No. 07/152,973, filed February 18, 1988, now abandoned, which is a
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`continuation-in-part of U.S. App. No. 06/822,115, filed January 24, 1986, now
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`abandoned, which is a continuation-in-part of U.S. App. No. 06/613,525, filed May
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`24, 1984, now U.S. Patent No. 4,567,359.
`
`3.
`
`I have reviewed and am familiar with the disclosure of the ’951
`
`Patent. I understand that the ’951 Patent has been provided as Exhibit 1008. I will
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`cite to the specification using the following format (’951 patent, 1:1-10). This
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`example citation points to the ’951 Patent specification at column 1, lines 1-10.
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`4.
`
`I have reviewed and am familiar with the file history of the ’951
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`Patent. I understand that the file history has been provided as Exhibits 2003-2009.
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`5.
`
`The ’951 Patent describes an automated system for providing services
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`to a user. I am familiar with the technology described in the ’951 Patent as of the
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`earliest possible priority date of the ’951 Patent (May 24, 1984).
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`6.
`
`I have been asked to provide my technical review, analysis, insights
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`and opinions regarding the ’951 Patent and the above-noted references that form
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`the basis for the grounds of unpatentability set forth in the petition for Covered
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`Business Method Review of the ’951 Patent.
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`
`
`I.
`
`Qualifications
`
`7.
`
`I have studied and practiced in the field of computer science,
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`particularly artificial intelligence, for 40 years.
`
`8.
`
`I received my Bachelor of Arts in Psychology in 1969. I received both
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`my Master of Science (M.S.) and my Doctor of Philosophy (Ph.D) degrees in
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`Computer Science from Stanford University in 1972 and 1975, respectively, and
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`also took courses at Stanford’s graduate business school in 1983 as part of its
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`American Electronics Association-sponsored Executive Education Program.
`
`9.
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`From 1972 until 1979, I worked at the Stanford Research Institute
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`(now SRI International), initially as a Research Mathematician, and later as the
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`Associate Director for the Artificial Intelligence Center. In those roles, I managed
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`and performed research in a variety of subfields within Artificial Intelligence. In
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`1973-74 I developed a programming language for AI systems that was used to
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`develop one of the first rule-based expert systems, which guided use of an
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`econometric model. I am credited with pioneering “modern problem solving,”
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`along with developing, marketing and participating in research programs in
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`automated and interactive problem solving, natural-language interaction with data
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`bases, distributed robotics, and programming languages.
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`10. After leaving SRI International, I co-founded Machine Intelligence
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`Corporation, where I served as Director of Research and Development, Vice
`
`President of Engineering, and President of International Machine Intelligence
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`Corporation. Here, I directed development of the first general industrial vision
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`
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`system, the first vision-guided industrial robot, and the first computer-networked
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`industrial robot. I also supervised and participated in developing the prototype of a
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`data management product, for which we created a spin-off business named
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`Symantec, Inc., today a leading software publisher.
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`11.
`
`In 1983, I joined Teknowledge, Inc. as Chief Technical Officer, and
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`later served as General Manager of its products division and Vice President of
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`Business Development. In these roles I managed the development, sales, and
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`application of software tools for developing expert systems. These tools were used
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`by hundreds of customers to develop expert system applications.
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`12. Since leaving Teknowledge in 1988, I worked primarily as Principal
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`Consultant for The Copernican Group, where I provided management and
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`technical consultation to over 100 companies. Many of these projects, including
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`work for Pacific Bell, Bell Atlantic Knowledge Systems, Sun Microsystems, Apple
`
`Computer, Tandem Computers, and Varian, involved applications of artificial
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`intelligence and expert systems. In 2011, I formed a partnership, Opero Partners,
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`and now provide management consulting services to its customers.
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`13.
`
`I also am the author of a book and over 20 papers and articles on a
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`wide range of advanced software topics, particularly in the field of artificial
`
`intelligence. I am the inventor of U.S. Patent Number 6,222,540, which discloses
`
`an expert system for selecting the most appropriate data visualization for a data set.
`
`I am principal inventor of U.S. Patent Number 6,188,403, and co-inventor of six
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`other United States Patents: U.S. Patent Numbers 6,954,728, 7,797,168, 7,996,264,
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`8,407,086, 8,417,535, and 8,583,562. In addition I am a co-inventor of three
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`additional inventions for which U.S. patent applications have been submitted. I
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`also am a co-founder of the American Association for Artificial Intelligence
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`(AAAI), and a former member of the editorial boards of Cognitive Science,
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`Robotics World, and AI Expert, and was Conference Chair for AIPS-96 (an
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`international conference on automatic planning). I am also a former member of the
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`Steering Committee of the DECUS AI Special Interest Group, and program
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`committees of numerous AAAI and IEEE conferences on both computer science
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`research and applications. I have presented 7 invited conference talks and 4
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`conference tutorials, including ones on Architectures for Embedded AI Systems
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`and Managing Expert Systems Projects, and was a frequent speaker for such
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`groups as DPMA, DECUS, GUIDE, and SME on technical, management and
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`business issues concerning AI, expert systems, and technology transfer.
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`
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`14. A copy of my latest curriculum vitae, which describes in further detail
`
`my qualifications, responsibilities, employment history, honors, awards,
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`professional associations, lectures, and publications is attached to this declaration
`
`as Appendix A.
`
`15. My work on this case is being billed at a rate of $450 per hour, with
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`reimbursement for actual expenses. My compensation is not contingent upon the
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`outcome of this covered business method review or the litigation involving the
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`’951 Patent.
`
`II. Overview of the ’951 patent
`16. The ’951 patent describes a system that can facilitate customer
`
`transactions at remote terminals using information from local and remote storage
`
`sources. The system creates a personalized presentation for the user, including both
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`textual and graphical information, based on the users responses to questions.
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`Information, for example current airline prices, loan rates, rental rates, etc. is
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`provided by commercial, financial, or educational institutions. The terminal
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`combines this information with narrative chapters, for example short videos, to
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`present a personalized audio/visual presentation to the user addressing the user’s
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`specific interests.
`
`III. Legal principles
`17.
`I am not a lawyer and will not provide any legal opinions. Although I
`
`am not a lawyer, I have been advised certain legal standards are to be applied by
`
`technical experts in forming opinions regarding meaning and validity of patent
`
`claims.
`
`A. A Person of Ordinary Skill in the Art (“POSA”)
`18. A person of ordinary skill in the art (“POSA”) at the time of the
`
`invention claimed in the ’951 patent would hold a bachelor’s degree in either
`
`Electrical Engineering or Computer Science, and have at least three years of
`
`experience in one of those fields. The experience would be necessary in order to
`
`understand the underlying electronics, hardware design, software design, and
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`programming languages implemented in a system such as that disclosed in the ’951
`
`Patent.
`
`B. My understanding of claim construction
`1. General standard
`I understand that, in a covered business method review, a claim in an
`
`19.
`
`unexpired patent is to be given its broadest reasonable construction (often called
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`the “broadest reasonable interpretation” or “BRI”) in light of the specification of
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`the patent in which it appears. I understand there is a debate whether an expired
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`patent is given its broadest reasonable construction in light of the specification or
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`construed to preserve validity. To the extent these standards would lead to different
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`constructions of a claim term, I will indicate so, and provide both constructions.
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`20.
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`I have been advised that under this standard, claim terms are generally
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`given their ordinary and customary meaning, as understood by a POSA, in the
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`context of the entire patent disclosure.
`
`2. My understanding of claim construction under
`35 U.S.C. § 112 ¶ 6
`
`21.
`
`I have been advised and understand that construing a means-plus-
`
`function (“MPF”) claim element is a two-step process: (1) define the particular
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`function of the claim element, and (2) look to the specification and identify the
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`corresponding structure for that function.
`
`22.
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`I have been advised and understand that a structure disclosed in the
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`specification qualifies as a “corresponding structure” if the specification or the
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`prosecution history clearly links or associates that structure to the function recited
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`in the claim.
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`23.
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`I have been advised and understand that for a means-plus-function
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`claim element in which the corresponding structure is a general purpose computer
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`or microprocessor programmed to carry out an algorithm, the corresponding
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`structure is not the general purpose computer or microprocessor, but rather the
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`special purpose computer programmed to perform the disclosed algorithm.
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`24.
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`I have been advised and understand that an algorithm is a sequence of
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`computational steps to follow.
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`25.
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`I have been advised and understand that the specification can express
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`the algorithm in any understandable terms including as a mathematical formula, in
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`prose, or as a flow chart, or in any other manner that provides sufficient structure.
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`26.
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`I have been advised and understand that a recited algorithm need not
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`be so particularized as to eliminate the need for any implementation by a POSA,
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`but it must be sufficiently defined to render the bounds of the claim understandable
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`to a POSA.
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`27.
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`I have been advised and understand a means-plus-function claim is
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`indefinite under 35 U.S.C. § 112 ¶ 2 if the specification does not contain an
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`adequate disclosure of the structure that corresponds to the claimed function.
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`C. My understanding of indefiniteness under 35 U.S.C. § 112 ¶ 2
`28.
`I have been advised and understand that 35 U.S.C. § 112 ¶ 2 (often
`
`called the “definiteness requirement”) requires a patent’s claims, viewed in light of
`
`the specification and prosecution history, inform those skilled in the art about the
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`scope of the invention with reasonable clarity.
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`29.
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`I have been advised and understand that the definiteness requirement
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`is not a lofty standard, and that sufficient structure for a means-plus-function claim
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`element must simply permit a POSA to know and understand what structure
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`corresponds to the means so that he may perceive the bounds of the invention.
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`IV. Definition of terms within the ’951 Patent
`
`A.
`
` “interrelating”
`
`30. The term “interrelating” is not defined in the specification, which
`
`indicates that the inventor did not intend any special meaning for this term. In my
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`opinion, the term “interrelating” is not a term of art, and its ordinary and customary
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`meaning of interrelating a collection of entities refers to a system bringing those
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`entities into relation, or creating the state of having a relationship among those
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`entities. The specification supports this construction, providing examples of
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`mutually-related textual and graphical data that describe more than one transaction
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`option.
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`B.
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` “pathway”
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`31. Based on the specification and my understanding of the art, a POSA
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`would have understood that “pathway” means a pointer to data in a data source, for
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`example “a series of specific disk segment addresses 18 . . . for the video disk
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`memory data source 9.” (’951 patent, 10:1-3.)
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`C.
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` “textual information”
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`32. A person of ordinary skill in the art, reading the specification of the
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`’951 patent, would have understood that textual information is any information that
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`can be displayed in alphanumeric form, for example, information received from a
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`reservation system, flight times, hotel availability, weather conditions, currency
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`exchange, customs regulations, immunization regulations, loan rates, loan data,
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`personal financial profiles, loan repayment schedule, legal responsibilities, and
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`prices of services and products. (See, e.g., ’951 patent, 5:25-32; 10:12-14; 9:23-31;
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`10:28-32; 11:10-15; 13:20-25; 13:59-62; 15:10-14; 15:16-20; 19:14-20.)
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`D.
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` “graphical information”
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`33. A person of ordinary skill in the art, reading the specification of the
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`’951 patent, would have understood that graphical information is any information
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`coded for video display, for example charts, maps, touring maps, pictorial
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`representations of hotels, and travelogue clips. (See, e.g., ’951 patent, 5:25-32;
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`
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`11:10-18; 11:55-65; 16:24-35.)
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`V. Construction of the Challenged Means-Plus-Function Claim Terms
`34.
`I have been advised and understand that the Board instituted trial to
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`determine whether two means-plus-function claim elements of the ’951 patent
`
`satisfy the definiteness requirement of 35 U.S.C. § 112 ¶ 2. It is my opinion that
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`each of the two claim elements discussed below permit a POSA to know and
`
`understand what structure corresponds to the means so that the POSA may
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`perceive the bounds of the invention. Each claim element is addressed in turn
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`below.
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`35.
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`I understand that I only need to find one example portion of the ’951
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`patent that provides support for either a special-purpose device or an algorithm on
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`a general-purpose computer in order to demonstrate that a means-plus-function
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`claim element satisfies the definiteness requirement. While several examples of
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`each may be available in the ’951 patent specification that satisfy the definiteness
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`requirement of the challenged claims, my declaration is directed to the specific
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`examples described below. My declaration statements are not to be seen as
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`exhaustive discussions or limiting of the claim scope in any way.
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`A.
`“means for interrelating said textual and graphical information”
`[claims 1, 10]
`36.
`
`I understand that the “means for interrelating” is the first claim
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`element of the ’951 patent at issue in this proceeding. Below, I will address what a
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`POSA would have understood the claimed function and corresponding structure
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`for this claim element to be, and a specific algorithm disclosed to implement this
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`function.
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`
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`Claim
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`Function
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`Corresponding
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`Algorithm
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`Element
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`Structure
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`Means for
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`interrelate
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`Sequencer 17;
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`1. Receiving selection data
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`interrelating
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`textual and
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`PROM 16;
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`from the user.
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`said textual
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`graphical
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`Modem 115;
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`2. Converting this selection
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`and
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`information
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`DMA 116, and
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`data into two or more series
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`graphical
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`information
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`RAM Memory
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`of disk segment addresses.
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`117
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`3. Retrieving inquiries from
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`the second series of disk
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`segments.
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`4. Sending the inquiries to a
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`reservation system
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`5. Receiving textual
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`answers back.
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`6. Identifying narrative
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`chapters from the data
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`source that has been coded
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`for video display using the
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`first series of disk segments.
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`
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`Chart CC1
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`
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`1.
`Define the function
`37. The function is to interrelate textual and graphical information. Based
`
`on the remainder of the claim, I understand that this information must be stored,
`
`though it may be stored before or after the information is interrelated. A POSA,
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`reading this claim element, would understand that interrelating information means
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`creating a relationship between information. Two types of information, for
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`example Canadian customs regulations (textual information) and pictures of
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`Canadian hotels (graphical information), may both be related to Canada and when
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`a user requests information regarding Canada the mutual relationship can be used
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`to search for both pieces of information. (See ’951 patent, 11:10-18.)
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`Identify the corresponding structure
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`2.
`I understand that corresponding structure is evaluated from the
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`38.
`
`perspective of a POSA. I also understand that my testimony cannot supplant the
`
`requirement that the corresponding structure must be explicitly stated in the
`
`specification
`
`39. Having reviewed the specification of the ’951 patent, a POSA would
`
`understand that sequencer 17 and PROM 16 illustrated in FIG. 4 and Modem 115,
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`DMA 116, and RAM Memory 117 illustrated in FIG. 8 are specialized hardware
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`that are disclosed to perform the function of “interrelating.”
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`Sacerrdoti Fig. AA1
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`Annottated versioon of Fig. 44 and 9:57
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`-10:9 of thhe ’951 pattent
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`440.
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`closes that In onne examplee, the ’951 patent disc
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`the user ennters selecction
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`data in rresponse too a promptt by the terrminal. Thiis input is cconverted,
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`using seequencer 17 and PROOM 16, intoo addressinng data to
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` for exampple
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`
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`access graaphical
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`
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`informaation and reelated inquuiries on viideodisc mmemory datta source 99. (’951 pattent,
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`9:57-100:9.)
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`
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`441. A POOSA wouldd understannd that a seequencer iss a device tthat sequennces
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`throughh a collectioon of proceessor instruuctions in
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`order. For
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`example,
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`in the ’9511
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`-- 16 -
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`patent, sequencer 17 extracts instructions in sequence from the PROM, beginning
`
`at an address determined from the input registers of the microprocessor. (See e.g.,
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`’951 patent, 10:21-24; 10:35-37.) A POSA would also understand that a PROM,
`
`i.e., programmable read-only memory, is a storage device. Specifically a PROM is
`
`a digital storage device that is typically only programmed once after it is created
`
`and before it is permanently integrated into an electronic device. It may be
`
`programmed with data values, executable code, or both. Its integration into a
`
`device specializes that device, limiting it to operate using the code and/or data that
`
`it holds. For example, in the ’951 patent, PROM 16 is programmed to receive an
`
`address and provide a set of instructions corresponding to that received address.
`
`(See e.g., ’951 patent, 10:21-24; 10:33-35.)
`
`42. Having read the specification, and specifically columns 9 and 10, a
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`POSA would have understood that sequencer 17 and PROM 16 could be used to
`
`convert the user-entered selection data into data storage addressing data, for
`
`example disk segment addresses, to access related textual and graphical data. Once
`
`the user enters selection data indicating a topic of interest to the user, the
`
`microprocessor uses the selection data to index into an address within the PROM
`
`16. (’951 patent, 9:58-67.) Sequencer 17 then returns a sequence of instructions
`
`that direct the access of specific disk segment addresses, which, as discussed
`
`above, are referred to in claims 1 and 13 of the ‘951 patent as pathways. These disk
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`segment addresses can be used to retrieve information from videodisc memory data
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`source 9. (’951 patent, 9:65-10:3.) A POSA would have understood that the
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`information retrieved would be related to the selection data entered by the user.
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`43. Some of this information, for example the graphical information, can
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`be retrieved directly from videodisc memory source 9. (See, e.g., ’951 patent,
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`10:10-14; 10:24-26.) Other information retrieved from the videodisc memory
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`source can be used to collect textual information related to the selection data. (’951
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`patent, 10:3-7.) The ’951 patent describes how inquiries for retrieving that textual
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`information from an external data source (e.g., a financial institution, a credit
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`rating service, or a reservation system) can be retrieved from the videodisc
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`memory source. (’951 patent, 10:3-5.) These inquiries can be sent to an external
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`data source, and the textual answers can be received and stored, for example, on
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`the videodisc. (’951 patent, 10:3-7; 10:26-33.)
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`CBM20014-00026 U.
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`Sacerrdoti Fig. AA2
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`Annotated vversion of Fig. 8, 13::54-59, andd 14:40-422 of the ’9551 patent
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`44. Furthher, the ’9551 patent ddescribes hoow these innquiries coould be sennt
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`A 4
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`Figure 8 illlustrates aan
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`responses from the external data sourcce are handdled. The innquiries arre sent to thhe
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`understaand that while waitinng for the eexternal daata source tto respond
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`inquiriees, the termminal, and sspecificallyy data proccessor 113,, can continnue to do
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`other tasks (e.g., ppresent a viideo at framme rates thhat providee a smoothh and
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`uninterrupted presentation to the user). This is because the ’951 patent discloses
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`that Modem 115 is also connected to DMA 116, which in turn is connected to
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`RAM Memory 117. (See ’951 patent, FIG. 8.) When the external data source
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`responds, Modem 115 can send the information to DMA 116, which can store the
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`information in RAM Memory 117, without requiring assistance by the
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`microprocessor of the terminal. (’951 patent, 14:40-42; 12:50-56.) A POSA would
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`recognize that this unique placement of components would alleviate bus
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`congestion issues due to both Data Processor 113 and the Modem 115 needing to
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`use the bus to communicate with different components at the same time. The
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`placement disclosed in the ’951 patent allows Modem 115 to store information in
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`the proper locations of RAM Memory 117 using DMA 116. At the same time the
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`data processor 113 can continue to process other information and interact with the
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`user. A POSA would understand that this is not a general-purpose computer, but
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`rather a specially-designed computer configured to alleviate bus congestion by
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`offloading certain aspects of the communication with the external data sources.
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`45. Further, a POSA would understand that the information stored in
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`RAM Memory 117 could include both textual information and graphical
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`information. For example, a POSA would have understood that the binary coded
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`inquiries are related to the selection data. (’951 patent, 10:26-28.) These inquires
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`are used to retrieve textual information from the external data source. (’951 patent,
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`10:28-32.) Other information described is graphical information, or more
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`specifically narrative audio-visual chapters. (See e.g., ’951 patent, 10:26-28; 10:10-
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`12.) The ’951 patent also describes how this information can be stored, on an
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`erasable optical disk or other suitable medium. (’951 patent, 10:7-9.)
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`46. A POSA would have understood that the stored textual information
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`and the graphical information are both related to the selection data entered by the
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`user, and can be used to create a sales presentation.
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`Nexus
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`3.
`I understand that the second step for construing a means-plus-function
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`47.
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`claim includes identifying parts of the specification that clearly link the function
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`with the identified structure.
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`CBM20014-00026 U.
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`Saceerdoti Fig. BB
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`448. The sspecificatioon of the ’9951 patentt provides aa nexus beetween certtain
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`structurres and the function oof interrelating textuaal and grapphical inforrmation. Foor
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`examplee, the specification ddiscloses booth using innterrelatedd textual annd graphicaal
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`informaation (see, e.g., ’951 ppatent, 16:24-35) andd how to innterrelate ttextual andd
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`graphical data. (Seee ’951 pattent, 9:57-10:65.)
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`449.
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`ng a oses creatination disclont specificaIn coolumns 9 annd 10, the ’951 paten
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`presentaation, for eexample a ssales preseentation, thhat include
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`information related to the user selection data. A user provides information
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`regarding a topic of interest. The ’951 patent discloses how textual and graphical
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`information each related to the user’s selection data can be searched for, retrieved,
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`and stored. This information, now interrelated, can be used to create individualized
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`presentations.
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`4.
`An Algorithm has also been provided to perform the
`“interrelating” function
`50. Having reviewed the specification of the ’951 patent, even were the
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`disclosed hardware structure not considered a specially-designed computer
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`configured for the disclosed function, a POSA would also understand that the ’951
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`patent provides an algorithm to transform a general-purpose computer into a
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`computer specifically programmed to interrelate textual and graphical information.
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`CBM20014-00026 U.
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`owchart Sacerdoti Fig. C-Flo
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`Annottated versioon of Fig. 5 and 10:221-37 of thhe ’951 pateent
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`1. An exxample of
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`ig. 5 wchart in Fid as a flows illustratedsuch an allgorithm is
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`of the ’9951 patent
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`, as I showw above. F
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`ig. 5 illustrrates how
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`the instrucctions on thhe
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`1-PROM can be useed to createe the presenntation dissplayed to tthe user. (’’951, 10:21
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`37.) Detterminantss, i.e., selecction data, are enteredd by the usser and stoored in inpuut
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`registers 15. (’9511 patent, 100:23; 9:58--61, note thhis step is nnot shown
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`this exaample, the ssecond seggments are binary codded inquiriies related
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`selection data. (’951 patent, 10:26-27.)) These cann be transmmitted to a
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`in Fig. 5.)) In
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`to the
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`remote daata
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`source, for exampple reservattion systemm 1, using mmodem 111. (’951 pattent, 10:277-
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`CBM20014-00026 U.
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`c for graphice encoded fuired to bend not requeric form analphanume28.) Annswers, in a
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`52. A simmilar algor
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`4,
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`display,, are receivved back. (’951 patennt, 10:28-322; Fig. 5.)
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`These are
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`combinedd
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`with narrrative dataa (encodedd in the firsst segment
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`s) to createe the preseentation forr the
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`user. (’9951 patent,, 10:21-24
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`; Fig. 5.)
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`ext. as I willl discuss n
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`Sacerdooti Fig. C-PProse
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`CBM2014-00026 U.S. Patent No. 5,576,951 3323.001CBM6
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`53. FIG. C-Prose illustrates an algorithm for interrelating textual and
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`graphical information. In the example that is identified in FIG. C-Prose, a sales
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`presentation is created using information related to data entered by the user (’951
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`patent, 9:57-10:14.) As described in more detail below, it is my opinion that a
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`POSA would have identified this disclosure as describing an algorithm for
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`interrelating textual and graphical information, which a POSA would have
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`understood and known how to implement.
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`54.
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`In the description of FIG. 1 in Cols. 8 and 9, the ’951 patent describes
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`a microprocessor 14 that is used to create a “individualized tour package
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`presentation.” The ’951 patent specification goes on to state that this “will be
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`explained below” and then describes the process for interrelating textual and
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`graphical information. A POSA would have understood that the process disclosed
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`from 9:56-10:21 of the ’951 patent could be implemented on microprocessor 14.
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`CBM20014-00026 U.
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`Sacerrdoti Fig. CC1
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`AAnnotated vversion of 99:57-10:144 of the ’9551 patent
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`5. An allgorithm ddisclosed, aas would bee understo
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`ns od by a POOSA, begin
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`with recceiving selection dataa from keyyboard 13 oor memoryy card read
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`patent, 99:58-61.) FFIG. C1 illustrates thhe first stepp of this allgorithm: r
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`er 12. (’9551
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`eceiving ddata
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