Filed: March 6, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE,
`INC., and TD AMERITRADE ONLINE HOLDINGS CORP.,
`Petitioner
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
`_____________________________
`Cases CBM2014-00131 and CBM2014-00137
`Patent Nos. 7,533,056 and 7,685,055
`_____________________________
`
`DECLARATION OF HAROLD ABILOCK
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`1
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`Page 1 of 106
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`TRADING TECH EXHIBIT 2097
`TD Ameritrade v. Trading Technologies
`CBM2014-00131
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`TRADING TECH EXHIBIT 2020
`IBG ET AL. v. TRADING TECH
`CBM2016-00009
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE,
`INC., and TD AMERITRADE ONLINE HOLDINGS CORP.,
`Petitioner
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
`_____________________________
`Cases CBM2014-00131 and CBM2014-00137
`Patent Nos. 7,533,056 and 7,685,055
`_____________________________
`
`DECLARATION OF HAROLD ABILOCK
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`1
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`Page 1 of 106
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`TRADING TECH EXHIBIT 2097
`TD Ameritrade v. Trading Technologies
`CBM2014-00131
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`TRADING TECH EXHIBIT 2020
`IBG ET AL. v. TRADING TECH
`CBM2016-00009
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`1. BACKGROUND AND EXPERIENCE
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`1. My name is Harold Abilock.
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`2.
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`3.
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`4.
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`I am a native speaker of English.
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`I am fluent in Japanese.
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`I have a B.S. degree in Computer Science from the State University of
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`New York at Stony Brook (aka Stony Brook University). I have over 25 years of
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`Japanese-English technical and legal translation experience and a background in
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`science, technology, and intellectual property.
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`5.
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`I lived in Japan for a total of 13 years. I was a student at Doshisha
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`University (Kyoto) for one year (1973–1974) as a foreign exchange student, during
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`which time I studied Japanese philosophy, literature, and history. I concurrently
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`attended an intensive Japanese-language program (beginner and intermediate levels) at
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`the Kyoto Institute for Japanese Language (Kyoto).
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`6.
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`I subsequently resided in Japan for 12 years (1979–1990), during which
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`time I studied the Japanese language at the Kyoto Institute for Japanese Language for
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`two additional years (1979–1981) to attain the advanced level of proficiency.
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`Subsequently, I studied Japanese-English translation for one year (1982) at Nakamura
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`Gakko (Kyoto) under the tutelage of the school headmaster—a professional
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`translator with 35 years of translation experience at that time.
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`7.
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`I am a co-founder of JapanLink Translations ("JapanLink"), a Japanese-
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`English translation firm located in Charlotte, Vermont. A copy of my resume is
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`attached as Appendix F. Established in 1994, JapanLink specializes in high-quality
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`translation for patent prosecution and cross-border IP litigation cases. I am the
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`principal translator.
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`8.
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`JapanLink employs in-house technical editors with professional editing
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`experience. Using a unique and comprehensive quality assurance (QA) process, our
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`editors check every translation for accuracy and completeness and edit them for style,
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`grammar, spelling, and readability. All translation text is carefully checked for internal
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`coherency and consistency of nomenclature.
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`9.
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`In addition to translating IP-related documents, such as patent
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`applications and office actions, I also translate technical documents, such as manuals,
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`specifications, standards, academic papers, and press releases. I work principally in the
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`fields of semiconductor manufacturing equipment, semiconductor devices,
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`information technology (IT), electronics, optics, telecommunications, mechanical and
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`electrical engineering, and automotive engineering.
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`10.
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`In the course of my career as a translator, I have translated numerous
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`documents in the field of computer software, many of them directed to graphical user
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`interfaces (GUIs). Furthermore, in the course of my career as a computer engineer, I
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`have personally designed and implemented a variety of GUIs and am knowledgeable
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`about the constituent elements and operation of typical GUIs.
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`11. Although I am principally a technical and legal translator, I also translate
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`in the field of finance. For example, I worked full-time for seven months (1995–1996)
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`as a Japanese-English translator on the United States of America v. The Daiwa Bank, Ltd.
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`case, in which the principal subject matter of translation was the trading of bonds and
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`their derivatives.
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`2. NOMENCLATURE
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`12.
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`In translation, text in the source language is generally referred to as source
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`text and translation text is referred to as target text. For the sake of clarity in the present
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`declaration, these two texts are referred to as the source Japanese text and the English
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`translation text, respectively. Further, the language of the source text may be referred to
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`as the source language, and the language of the target text may be referred to as the target
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`language.
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`13. As needed for the explanation, the Romanized pronunciation of source
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`Japanese text in this declaration may be appended to the text, enclosed by braces (e.g.,
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`値段 {ne-dan}).
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`3. SCOPE OF WORK
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`14.
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`I have been retained in connection with two proceedings, both entitled
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`TD Ameritrade Holding Corp., et al. v. Trading Technologies International, Inc., CBM2014-
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`00131 and CBM2014-00137.
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`15. Exhibit 1007 of CBM2014-00137 is a Japanese-language document,
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`which I have been informed is the source Japanese text. I have been informed that
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`Exhibit 1008 of CBM2014-00137 contains the corresponding English translation text.
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`I may refer to these documents generally as "TSE" or the "TSE document."
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`16.
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`I have been asked to examine the source Japanese texts in bullet 2 on
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`page 0115 (also marked as TSE0000000761) of Exhibit 1007 in CBM2014-00137 and
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`the illustration caption on page 0115 and to opine on the corresponding English
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`translation texts on page 0115 of Exhibit 1008 in CBM2014-00137. I have been
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`informed that the parties have agreed that Exhibits 1007 and 1008 of CBM2014-
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`00137 are the same as Exhibits 1003 and 1004 of CBM2014-00131, respectively.
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`4. RELEVANT SOURCE JAPANESE TEXTS AND CORRESPONDING
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`ENGLISH TRANSLATION TEXTS ON PAGE 0115 OF EXHIBITS 1007
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`AND 1008 (ALSO MARKED TSE0000000761)
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`4.1. Bullet 2
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`17. Bullet 2 is located immediately below the table in the upper part of page
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`0115.
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`Source Japanese text bullet 2 of Exhibit 1007
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` 「非圧縮値段表示方式」の「基本板画面」においては、２分割板
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`画面の場合は「上下３値段」、４・６分割板画面の場合は「上下
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`１値段」の「板表示中心値段」の「浮動表示エリア」が設定され
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`ていますので、その範囲を超えることとなった場合には、板中央
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`部に値段が自動的に編集表示されます。
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`English translation text of bullet 2 of Exhibit 1008
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` In the "Basic Board Screen" of the "Uncompressed Price Display System," in the case of
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`the 2-division board screen, the "Floating Display Area" of the "Central Board Display
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`Price" of the "Top and Bottom 3 Prices," and in the 4 and 6-division board screens,
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`and of the "Central Board Display Price" of the "Top and Bottom 1 Price" is set, so if
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`that range is exceeded, prices in the center of the board are automatically edited and
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`displayed.
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`4.2. Illustration Caption
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`18. The illustration caption is located immediately above the illustration at
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`the bottom of page 0115.
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`Source Japanese text of illustration caption of Exhibit 1007
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`＜自動編集表示例：非圧縮値段表示・６分割板画面（浮動表示エ
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`リア上下１値段）＞
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`English translation text of illustration caption of Exhibit 1008
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`<Example of Automatic Editing and Display: Uncompressed Price Display, 6-
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`division Board Screen (Top and Bottom Price in the Floating Display Area>
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`5. TRANSLATION PRINCIPLES
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`5.1. Formal Equivalence (Word-for-Word/Literal Translation)
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`19.
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`In technical and legal documentation, an ideal translation is one in which
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`there is a word-for-word correspondence between the source text and the target text.
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`This is generally called a literal translation and is also known as the formal equivalence
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`approach. Formal equivalence is the preferred approach when fidelity (or faithfulness)
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`of the translation is paramount.
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`20. The word-for-word correspondence of the formal equivalence approach
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`ensures the conservation of lexemes. A lexeme, also known as a content morpheme, is a unit of
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`language that expresses a basic unit of meaning. Typical lexemes are stems of nouns,
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`verbs, adverbs, and adjectives. Some examples of lexemes are cat, run, and fast. In
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`contrast, function morphemes, also called grammatical morphemes, serve a grammatical role
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`and act as the glue that binds lexemes together. Typical function morphemes are
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`prepositions, pronouns, conjunctions, and inflectional affixes (i.e., prefixes, suffixes,
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`and infixes). Some examples of function morphemes are him, to, but, the -ed in departed,
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`and the -s in cats.
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`21.
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`In the formal equivalence approach, there may not necessarily be a
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`correspondence between the source and target texts with respect to function
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`morphemes, but there should always be a correspondence with respect to lexemes.
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`That is, the target text should contain every lexeme existing in the source text—and
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`no additional lexemes. This is the principle of the conservation of lexemes.
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`5.2. Dynamic Equivalence (Sense-for-Sense Translation)
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`22. Although fidelity is important, slavish adherence to formal equivalence
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`can often result in a translation that sounds unnatural or is unintelligible to a native
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`speaker of the target language. This is particularly true when the source and target
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`languages differ significantly in their grammatical structures, which is the case with
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`Japanese and English. When the formal equivalence approach results in an unnatural
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`translation, the translator must compromise and instead seek a sense-for-sense
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`translation, which is also called the dynamic equivalence approach. Dynamic equivalence
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`promotes transparency, which is a characteristic of a translation that both sounds
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`natural and is intelligible to a native speaker of the target language. Proper dynamic
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`equivalence, however, must ensure that the translation imparts the same meaning to a
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`native speaker of the target language as the source text imparts to a native speaker of
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`the source language. For this reason, the best practice of a translator is to translate
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`into only his or her native language; this is known as the golden rule of translation.
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`6. REFERENCE WORKS
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`23. Below is a list of reference works considered in the present declaration.
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` Appendix A, Barker, K. (1998). A Trainable Bracketer for Noun Modifiers. AI
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`'98 Proceedings of the 12th Biennial Conference of the Canadian Society for
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`Computational Studies of Intelligence on Advances in Artificial Intelligence
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`(pp. 198–199). London: Springer-Verlag.
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` Appendix B, Barker, K., & Stan, S. (1998). Semi-Automatic Recognition of
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`Noun Modifier Relationships. COLING '98 Proceedings of the 17th
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`International Conference on Computational Linguistics, vol. 1 (pp. 97–98).
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`Montreal, Canada: Association for Computational Linguistics.
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` Appendix C, Kahn, M. N. (1999). Chartist Corner: Market Profile (vol. 8, no.
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`5). Retrieved 2 25, 2015, from Commodity Research Bureau (CRB):
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`http://www.crbtrader.com/trader/v08n05/chartistcorner.asp
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` Appendix D, Masuda, K. (ed.). (1974). Kenkyusha's New Japanese-English
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`Dictionary, Fourth Edition (研究者・新和英大辞典・第４版). Tokyo:
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`Kenkyusha Limited.
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` Appendix E, my 2007 translation of chapter 7 of Tokyo Stock Exchange
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`document marked with page numbers TSE0000000737-766.
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`7. ANALYSIS OF TEXT OF BULLET 2 ON PAGE 0115
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`7.1. Division of Bullet 2 into Parts 1–3
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`24.
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`I have been asked to opine on whether bullet 2 on page 0115 of Exhibit
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`1008 is an accurate translation of the corresponding source Japanese text in Exhibit
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`1007. In my opinion it is not, because the English translation text does not convey the
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`same meaning to a native speaker of English as the original source Japanese text
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`would convey to a native speaker of Japanese.
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`25. To facilitate understanding of the source Japanese text for bullet 2, I
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`have divided the source Japanese text into three parts (below), and each part is
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`accompanied by its corresponding English translation text from Exhibit 1008. The
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`Japanese characters 「 and 」 in the source Japanese text correspond to quotation
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`marks (") in English.
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`Part 1: 「非圧縮値段表示方式」の「基本板画面」においては、
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`In the "Basic Board Screen" of the "Uncompressed Price Display System,"
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`Part 2: ２分割板画面の場合は「上下３値段」、４・６分割板画面
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`の場合は「上下１値段」の「板表示中心値段」の「浮動表
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`示エリア」が設定されていますので、
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`in the case of the 2-division board screen, the "Floating Display Area" of the
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`"Central Board Display Price" of the "Top and Bottom 3 Prices," and in the
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`4 and 6-division board screens, and of the "Central Board Display Price" of
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`the "Top and Bottom 1 Price" is set,
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`Part 3: その範囲を超えることとなった場合には、板中央部に値段
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`が自動的に編集表示されます。
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`so if that range is exceeded, prices in the center of the board are automatically
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`edited and displayed.
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`26. The English translations of parts 1 and 3, although imperfect, are
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`sufficient to convey the intended meaning, even though the language is somewhat
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`stilted. The translation of part 2, however, contains substantial errors, including
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`terminological errors and parsing errors, and thereby fails to convey the proper
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`meaning of the underlying source Japanese text. My analysis, therefore, focuses on
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`part 2 of bullet 2, and certain terminological and parsing errors are separately
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`discussed below.
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`7.2. Terminological Errors in Part 2 of Bullet 2
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`27. Table 1 below lists the Japanese terms (i.e., nouns and noun phrases) in
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`the source Japanese text in part 2 of bullet 2 in Exhibit 1007 for which the
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`corresponding English translation text in Exhibit 1008 is in error. Table 1 excludes
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`terms that are not critical to my analysis. Quotation marks are also omitted for the
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`sake of simplicity.
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`Table 1. List of terms in part 2 of bullet 2 of Exhibit 1008
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`(Exhibit 1007)
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`(Exhibit 1008)
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`19}? i‘? )7: E13 ;[L‘1lE~E§<L
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`Central Board Display Price
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`{i-ta hyou-ji chuu~shin
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`ne—dan}
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`U 7’
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`Floating Display Area
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`{fu—dou hyou—ji e—ri—a}
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`3
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`Top and Bottom 3 Prices
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`{jou—ge san ne—dan}
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`jg]? 1
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`Top and Bottom 1 Price
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`{jou—ge i—chi ne—dan}
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`7.2.1. Terrn No. 1:
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`Central Board Display Price
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`28.
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`The Japanese text
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`[P
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`{i—ta hyou—ji chuu—shin ne-dan} is a
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`noun phrase that describes the ce11ter price of the board display. The Japanese term is
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`composed of four words: HZ {i—ta},
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`{hyou—ji}, EPIC.‘ {chuu—shin},
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`{ne-
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`dan}. The first word, Hi {i-ta}, means board, and the second word,
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`{hyou-ji},
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`means /1’/Lp/(_zy. These two words combine to form a noun phrase meaning boam’ (I/hp/qy.
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`The third Word, [13 4:.‘ {cl1uu—shin}, means re/zfer, and the fourth Word,
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`{ne—dan}_,
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`means _pr/'a>. These last two Words combine to form a noun phrase meaning re/Ife/‘pr/"re.
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`29. The English translation in bullet 2 of Exhibit 1008, Central Board Display
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`Price, erroneously suggests that there is a central board, which erroneously suggests that
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`there are perhaps lateral or side boards. In this translation, central erroneously modifies
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`the word board rather than properly modifying the word price. Notably, the very same
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`Japanese text, 板表示中心値段 {i-ta hyou-ji chuu-shin ne-dan}, is translated as Board
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`Display Central Price in a different bullet at the top of the same page 0115 of Exhibit
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`1008. These two different translations in Exhibit 1008 convey different meanings to a
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`native reader of the English text, although the underlying source Japanese texts are
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`identical in both bullets and have the same meaning to a native Japanese reader.
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`30.
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`Furthermore, in the context of securities trading, the term Central Price
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`used in bullet 2 of Exhibit 1008 erroneously implies a particular price within a normal
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`distribution of prices. Below is an example of the term-of-art usage of "central price"
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`from an online article (Appx. C, p. 1 (emphasis added)).
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`The normal day's profile looks like a bell curve which represents a normal distribution
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`and occurs about 80% of the time. The central price, sometimes called the mode
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`and sometimes called the mean, represents the price with the most TPOs (the most
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`letters) and hence the price where a trade was most likely to be completed.
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`31. As mentioned above, the compound Japanese term 中心値段 {chuu-
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`shin ne-dan} means center price—not central price. Notably, the very same Japanese term,
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`中心値段 {chuu-shin ne-dan}, is also translated as center price in item H on page
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`0110 (also marked TSE0000000756) of Exhibit 1008. Center price is a term-of-art in the
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`field of derivatives trading and is defined in the TSE document in bullet 1 at the top
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`of page 0115.
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`32. Accordingly, given the antecedent bases on earlier pages of Exhibit 1008
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`and the intended meaning of the center price of the board display, the source Japanese
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`text should be translated as board display center price. This correct translation
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`conveys a different meaning than does Central Board Display Price in Exhibit 1008.
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`7.2.2. Term No. 2: 浮動表示エリア Floating Display Area
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`33. The Japanese text 浮動表示エリア {fu-dou hyou-ji e-ri-a} is a noun
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`phrase that describes an area in which the display of the center price of the board display
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`floats. The noun phrase 浮動表示エリア {fu-dou hyou-ji e-ri-a} is composed of
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`three words: 浮動 {fu-dou} 表示 {hyou-ji} エリア {e-ri-a}. The first word, 浮動
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`{fu-dou}, means floating. The second word, 表示 {hyou-ji}, means display. The third
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`word, エリア {e-ri-a}, means area. Together these three words form the noun phrase
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`floating display area.
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`34.
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`In the board screen described in the source Japanese text, the position of
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`the floating display area of the board screen in the TSE document is fixed around the
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`center part of the board display, and therefore the floating display area is not what floats.
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`The center price is always displayed in the center part of the board display and provides
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`the context for understanding that the floating display area is an area in which the center
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`price floats.
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`7.2.3. Term No. 3: 上下３値段 Top and Bottom 3 Prices
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`35. The Japanese text 上下３値段 {jou-ge san ne-dan} describes the
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`number of prices upward and downward that the center price can float within the
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`floating display area relative to the center of the board display, thus specifying the range
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`of the floating display area. The noun phrase 上下３値段 {jou-ge san ne-dan} is
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`composed of three words: 上下 {jou-ge} ３ {san} 値段 {ne-dan}. The first word,
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`上下 {jou-ge}, means up and down. The second word, ３ {san}, is the number three.
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`The third word, 値段 {ne-dan}, means price, as described above. Together, in the
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`context of the source Japanese text, this noun phrase means three prices up and down1
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`because the floating display area is set such that the center price floats relative to the center
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`1 Although I provide the translation of "up and down," other relative terminology,
`such as "above and below," would also be appropriate.
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`of the board display irrespective of the total number of prices listed on the board
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`display screen.
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`36.
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`The English translation text of Top and Bofiom 3 Prices in Exhibit 1008
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`does not convey the correct meaning of the source Japanese text to a native reader of
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`English. Although in some contexts _l:_F {jou—ge} can mean fop and bolfom (Appx. D,
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`p. 3), the choice of whether J11: {jou-ge} is /¢ am’ down or fop mm’ bo/7‘o/71 is
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`determined by the context of the surrounding source text.
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`37.
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`For example, consider the case of a vertical scrollbar in a typical window.
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`Scroll Bar Example
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`Up arrow button
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`Down arrow button
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`Thumb
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`Track
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`A vertical scrollbar is an element in a graphical user interface (GUI) that enables a
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`user to vertically scroll through the content of a window and typically includes a track,
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`a thumb, and two arrow buttons (i.e., an up arrow button and a down arrow button).
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`In Japanese, the phrase up and dam: arrow blzflorzx is
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`ZR 57 V {jou-ge ya—ji—ru—
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`shi bo—tan}. Here,
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`{jou—ge} means /4]; arm’ don’/1 because, in the given context, J:
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`T {jou-ge} describes the relative directions in which the window content moves
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`when the corresponding arrow buttons are clicked. Thus, the content in the window
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`moves upward when the up arrow button is clicked and moves downward when the
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`down arrow button is clicked.
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`38. However, in a related context, the up and down arrow buttons are located at
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`the top and bottom of the scrollbar. Consider the sentence below.
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`の{
`
`no}
`top and bottom
` 上下
`
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`up and down
`arrow buttons
` 矢印ボタン
` 上下
`
`[topic marker]
` は
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`scrollbar
` スクロールバー
`
`
`
`at
`において
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`located
` 位置している
`
`。
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`The up and down arrow buttons are located at the top and bottom of the scrollbar.
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`The characters 上下 {jou-ge} at the beginning of this sentence apply to the arrow
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`buttons and therefore mean up and down because they indicate the relative directions in
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`which the content will be scrolled. However, the characters 上下 {jou-ge} in the
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`latter part of this sentence apply to the scrollbar and therefore mean top and bottom
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`because they describe the absolute positions of the arrow buttons in the scrollbar.
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`39. Thus, the role of the translator is to interpret, based on the context,
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`whether 上下 {jou-ge} means up and down or top and bottom. When choosing among
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`alternative meanings, the translator must understand the intended meaning of the
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`source text and determine what translation makes sense given the context. For
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`example, the following are possible English translation alternatives for the example
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`Japanese sentence above.
`
`Source Japanese Text
`
`上下矢印ボタンはスクロールバーの上下に位置している。
`
`English Translation Alternatives
`
` (Incorrect) The up and down arrow buttons are located at the up and down of the
`
`scrollbar.
`
` (Incorrect) The top and bottom arrow buttons are located at the top and bottom of
`
`the scrollbar.
`
` (Incorrect) The top and bottom arrow buttons are located at the up and down of
`
`the scrollbar.
`
` (Correct) The up and down arrow buttons are located at the top and bottom of the
`
`scrollbar.
`
`40. Although 上下 {jou-ge} can be translated as up and down or top and bottom,
`
`to a person familiar with window scrollbars, only the last alternative translation makes
`
`sense. The last translation is therefore the proper translation because it correctly
`
`conveys that 上下 {jou-ge} means up and down when applied to the relative movement
`
`of the window content when the arrow buttons are clicked and means top and bottom
`
`19
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`
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`Page 19 of 106
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`
`
`when applied to the absolute physical positions of the corresponding arrow buttons in
`
`the scrollbar.
`
`41. When this principle is applied to the TSE document, it is clear that the
`
`English translation text Top and Bottom 3 Prices in Exhibit 1008 is an incorrect English
`
`translation because it does not make sense technically given the context of the
`
`document. Below is the source Japanese text of part 2 of bullet 2 in Exhibit 1007 and
`
`the corresponding English translation in Exhibit 1008.
`
`Part 2: ２分割板画面の場合は「上下３値段」、４・６分割板画面
`
`の場合は「上下１値段」の「板表示中心値段」の「浮動表
`
`示エリア」が設定されていますので、
`
`
`
`in the case of the 2-division board screen, the "Floating Display Area" of the
`
`"Central Board Display Price" of the "Top and Bottom 3 Prices," and in the
`
`4 and 6-division board screens, and of the "Central Board Display Price" of
`
`the "Top and Bottom 1 Price" is set,
`
`42. A native speaker of Japanese would understand from the source
`
`Japanese text that what is being set is the floating display area. Further, based on the
`
`surrounding context in the TSE document, a native Japanese speaker would
`
`understand that the floating display area pertains to the center price of the board display and
`
`20
`
`
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`Page 20 of 106
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`
`
`that the floating display area is a set of prices relative to the center of the board display.
`
`Accordingly, it does not make sense from the technical context that the floating display
`
`area would be set to the Top and Bottom 3 Prices. The translation in Exhibit 1008 simply
`
`does not make sense, especially given that the translation of part 3 of bullet 2 in
`
`Exhibit 1008 refers to a range of the floating display area.
`
`43. Given this context, a translation stating that the floating display area could
`
`be set to Top and Bottom 3 Prices is incorrect. In contrast, translating 上下 {jou-ge} as
`
`up and down results in a sensible, technically viable translation that describes a range
`
`around the center of the display board and that is in accord with the context of the
`
`text on page 0115. Therefore, the translation alternative of three prices up and
`
`down is the proper translation of 上下３値段 {jou-ge san ne-dan} in the given
`
`context.
`
`7.2.4. Term No. 4: 上下 1 値段 Top and Bottom 1 Price
`
`44.
`
`For the same reasons discussed in Section 7.2.3 above, 上下 1 値段
`
`{jou-ge i-chi ne-dan} in part 2 of bullet 2 on page 0115 of Exhibit 1008 should
`
`properly be translated as one price up and down.
`
`21
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`
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`Page 21 of 106
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`
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`7.3. Parsing Errors in Part 2 of Bullet 2
`
`7.3.1. Analysis
`
`45.
`
`In addition to the translation errors with respect to terminology
`
`discussed above, the source Japanese text in part 2 of bullet 2 is significantly
`
`misparsed in the English translation text in Exhibit 1008. In the fields of translation
`
`and linguistics, parsing refers to the process of analyzing the parts of speech and the
`
`grammatical structure of a sentence in order to understand its meaning. The parsing
`
`of the text in part 2 of bullet 2 on page 0115 will now be examined. The correct
`
`parsing also confirms that 上下３値段 {jou-ge san ne-dan} in part 2 of bullet 2
`
`should be translated as three prices up and down, not top and bottom 3 prices.
`
`46. Below is the source Japanese text of part 2 of bullet 2 with each lexeme
`
`underlined and the corresponding English translation text in Exhibit 1008 placed
`
`」、
`
`case
`no}
`
`
`Top and Bottom 3 Prices
` 場合 は 「 上下３値段
`
`の{
`
`above.
`
`2-division board screen
`２分割板画面
`
`
`
`{no}
`」 の
`
`
`case
`no}
`
`
`Top and Bottom 1 Price
` 場合 は 「 上下１値段
`
`の{
`
`4 and 6-division board screens
`４・６分割板画面
`
`
`
`Central Board Display Price
`「板表示中心値段
`
`Floating Display Area
`{no}
`」の
`「浮動表示エリア
`
`set
`
`
`」 が 設定 されていま
`
`22
`
`
`
`{no}
`す の
`で、
`
`Page 22 of 106
`
`
`
`47.
`
`In the source Japanese text, the character の {no} appears five times. In
`
`the first four instances (gray-shaded above), の {no} forms a Japanese grammatical
`
`construction referred to as an A no B construction. This construction is a complex
`
`noun phrase having a certain noun modifier relationship (NMR) in which A modifies
`
`B. Typically, の {no} grammatically defines the possessive case. In these possessive
`
`cases, the translation of an A no B construction is A's B or the B of A. Below is an
`
`example of an A no B construction.
`
` A no B
`
`車c
`
`ar
`
`
`
`の{
`
`no}
`
`
`
`
`Bill
`ビル
`
`In this noun phrase, the NMR is "possessor" (i.e., A owns B) and therefore the phrase
`
`is properly translated as "Bill's car."
`
`48.
`
`In Japanese grammar, however, the NMR of an A no B construction is
`
`not always "possessor." In some cases, the NMR is "product," wherein A is a product
`
`of A-B. Consider the second example below.
`
` A no B
`
`23
`
`
`
`no}
`factory
`
`
` 工場
`
`の{
`
`automobile
`車
`
`
`
`Page 23 of 106
`
`
`
`Because the NMR is "product," this noun phrase is properly translated as automobile
`
`factory (automobiles (A) are a product of an automobile factory (A-B)). If this NMR were
`
`mistakenly identified as "possessor," then the translation would incorrectly become
`
`automobile's factory or factory of automobiles, neither of which is correct to a native speaker
`
`of English.
`
`49. These examples discuss possessor and product NMRs. In actuality, there
`
`are numerous other NMRs for A no B constructions. Barker et al. enumerates 20
`
`NMRs of the A no B construction for the English language (Appx. B, Section 3, pp.
`
`97–98). There are additional NMRs that are unique to the Japanese language. When
`
`translating an A no B construction, as in part 2 of bullet 2 of page 0115, it is essential
`
`for the translator to parse the source Japanese text to establish the correct NMR for
`
`the given context.
`
`50. Moreover, there are also more complex noun-phrase constructions, such
`
`as an A no B no C construction. In these more complex constructions, the translator
`
`must determine the proper relationships among A, B, and C. This is done by a
`
`process called bracketing, in which the A no B no C construction is bracketed until the
`
`construction is reduced to a combination of simple A no B constructions (Appx. B,
`
`24
`
`
`
`Page 24 of 106
`
`
`
`Section 4, p. 98). For example, the A no B no C construction can be bracketed in two
`
`ways:
`
`1. ((A no B) no C)
`
`2. (A no (B no C))
`
`51. The meaning of the translation text changes depending on the
`
`bracketing. Below are English examples for the above two bracketing methods.
`
`1. laser printer manual
`
`((laser printer) manual) ((A no B) no C)
`
`Thus, a laser printer manual is a manual for a laser printer—not a
`
`printer manual for a laser.
`
`2. desktop laser printer
`
`(desktop (laser printer)) (A no (B no C))
`
`Thus, a desktop laser printer is a laser printer for a desktop—not a
`
`printer for a desktop laser.
`
`52.
`
`In the process of bracketing, the key to producing a correct translation is
`
`the correct identification of the head noun, which is the rightmost part of the
`
`bracketing, and the premodifier, which is the leftmost part of the bracketing. In the case
`
`of the laser printer manual, manual is the head noun and laser printer is the premodifier.
`25
`
`
`
`Page 25 of 106
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`
`
`In the case of the desktop laser printer, laser printer is the head noun and desktop is the
`
`premodifier.
`
`7.3.2. Bracketing in Part 2 of Bullet 2 of Page 0115
`
`53. This section will examine the bracketing of the source Japanese text of
`
`part 2 of bullet 2 on page 0115 of Exhibit 1007, which is reproduced below along
`
`with the corresponding English translation from Exhibit 1008.
`
`2-division board screen
`２分割板画面
`
`case
` の 場合
`
`Top and Bottom 3 Prices
` は 「 上下３値段
`
`」、
`
`4 and 6-division board screens
`４・６分割板画面
`
`case
` の 場合
`
`Top and Bottom 1 Price
` は 「 上下１値段
`
`{no}
`」 の
`
`
`Central Board Display Price
`「板表示中心値段
`
`Floating Display Area
`{no}
`」の
`「浮動表示エリア
`
`set
`」 が 設定
`されていま
`
`すので、
`
`in the case of the 2-division board screen, the "Floating Display Area" of the "Central
`
`Board Display Price" of the "Top and Bottom 3 Prices," and in the 4 and 6-division
`
`board screens, and of the "Central Board Display Price" of the "Top and Bottom 1
`
`Price" is set,
`
`54. As shown above, the source Japanese text contains an A no B no C
`
`construction (gray-shaded). The comma in the Japanese text demarcates two cases for
`
`the A part of the construction: one for the 2-division board screen case and one for the 4-
`26
`
`
`
`Page 26 of 106
`
`
`
`and 6-division board screens case. To correspond to the English translation text in Exhibit
`
`1008 and to facilitate explanation, the 2-division board screen case, as shown below, will
`
`be examined.
`
` A no B no C
`
`Top and Bottom 3 Prices
`「 上下３値段
`
`Central Board Display Price
`{no}
`」… の
`「板表示中心値段
`
`Floating Display Area
`{no}
`」の
`「浮動表示エリア
`
`」
`
`the "Floating Display Area" of the "Central Board Display Price" of the "Top and
`
`Bottom 3 Prices,"
`
`55.
`
`In the English translation text on page 0115 of Exhibit 1008, as shown
`
`above, the A no B no C construction is simply translated as the C of the B of the A
`
`(equivalent to the A's B's C) without first applying the proper bracketing. This type of
`
`translation fails to consider the context of the TSE document and particularly of the
`
`surrounding text on page 0115. Because the source Japanese text was not properly
`
`bracketed in the translation in Exhibit 1008, the resulting English translation text does
`
`not make sense and fails to convey the same meaning to an English reader of the
`
`translation as the source Japanese text conveys to a Japanese reader.
`
`56. The improper translation in Exhibit 1008 incorrectly assumes that
`
`Floating Display Area is the head noun and that Top and Bottom 3 Prices and Central Board
`
`27
`
`
`
`Page 27 of 106
`
`
`
`Display Price are each premodifiers thereof. This error results from the failure to
`
`properly bracket the construction during the parsing process. This lack of bracketing
`
`creates amibiguity: (1) do "Top and Bottom 3 Prices" and "Central Board Display Price"
`
`each individually modify "Floating Display Area," or (2) does "Top and Bottom 3 Prices"
`
`modify "Central Board Display Price" and "Central Board Display Price" modify "Floating
`
`Display Area?"
`
`57. T
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