UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`APPLE INC.,
`Petitioner,
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`v.
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`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
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`_______________
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`DECLARATION OF SCOTT A. DENNING
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`IPR2015-01898 & IPR2015-01899
`Ex. 2003
`Page 1 of 73
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`APPLE INC.,
`Petitioner,
`
`v.
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`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`
`_______________
`
`
`
`DECLARATION OF SCOTT A. DENNING
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`I, Scott A. Denning, hereby declare as follows:
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`I have been retained by Patent Owner Core Wireless Licensing S.A.R.L. to
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`provide my opinions in support of their Responses to the Petitions for Inter Partes
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`Review of U.S. Patent No. 8,434,020 (IPR2015-01898) and U.S. Patent No.
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`8,713,476 (IPR2015-01899), pursuant to the legal standards set forth in Section
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`VII below. I am being compensated for my time at the rate of $350 per hour for
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`time spent on non-deposition tasks, and $450 per hour for deposition time. I have
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`no interest in the outcome of this proceeding.
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`I. BACKGROUND AND QUALIFICATIONS
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`1.
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`I am currently employed as an independent computer technologies
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`expert and consultant. My background and qualifications are set forth in my
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`curriculum vitae, attached as Exhibit A.
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`2.
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`As set forth in my curriculum vitae, I have a Bachelor of Science in
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`Computer Science and over twenty-seven years of professional experience in
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`hardware design and software engineering for embedded systems in the areas of
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`security, digital video, robotics, navigation, communication, signals processing,
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`high-performance computing, network computing, and many areas of desktop and
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`workstation software design.
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`2
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`3.
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`During this time, I have worked as a consultant, as an expert, as an
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`engineer, as a software developer, as a manager, as a company executive, and as a
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`forensic investigator. Specific cellular phone, mobile device and embedded
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`graphical user interface technologies that I have designed and implemented include
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`vehicle installed data collection equipment, military fire control devices, military
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`signal direction finder, military signals processing including RADAR, SATCOM
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`receiver/transmitters, menu driven emergency location communicators, PDA
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`mobile mapping and tracking applications, embedded web user interfaces for GPS
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`receivers and PC based video recorders. I have also created numerous text based
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`menu driven user interfaces for devices with small LCD or LED displays including
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`credit card writers/readers, personal communicators, video recorders, video
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`controllers, robotic controls, lighting controls, and alarm systems. Additionally, I
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`have designed and developed, as well as managed and assisted in the design and
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`development of many computer hardware and software systems.
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`4. My experience includes decades of electronic packaging, circuit
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`design, circuit board layout, and software development. It also includes consulting
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`and providing expert experience in many aspects of the computer field, from
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`microcomputers to supercomputers, and in all areas of programming. I have
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`experience as a design engineer, systems architect, principal engineer, project
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`3
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`manager, and company executive, as well as experience in reverse engineering and
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`forensic investigation. My additional experience is listed in my curriculum vitae.
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`II. MATERIALS CONSIDERED
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`5.
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`In forming my opinions, in addition to my knowledge and experience,
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`I have considered the following documents and things that I have obtained, or that
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`have been provided to me, as well as any other references cited herein that may not
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`be listed below:
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` U.S. Patent No. 8,434,020 to Martyn (the ‘020 patent), and also
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`aspects of its prosecution history before the U.S. Patent & Trademark
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`Office
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` U.S. Patent No. 8,713,476 to Martyn (the ‘476 patent)
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` U.S. Patent No. 7,225,409 to Schnarel et al. (“Schnarel”)
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` U.S. Patent No. 6,993,362 to Aberg (“Aberg”)
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` U.S. Patent No. 6,593,945 to Nason et al. (“Nason”)
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` U.S. Provisional Patent Application No. 60/135,385 filed by Nason et
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`al. (“Nason Provisional”)
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` U.S. Patent No. 6,256,516 to Wagner et al. (“Wagner”)
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` U.S. Patent No. 6,668,353 to Yurkovic (“Yurkovic”)
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` U.S. Patent No. 6,333,973 to Smith et al. (“Smith”)
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`4
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` Petition for inter partes review against the ‘020 patent (IPR2015-
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`01898) and the supporting Declaration of Dr. Myers (Ex. 1003 in
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`IPR2015-01898) (“Myers ‘98”)
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` Petition for inter partes review against the ‘476 patent (IPR2015-
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`01899) and the supporting Declaration of Dr. Myers (Ex. 1003 in
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`IPR2015-01899) (“Myers ’99)
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` U.S. Patent No. 6,993,328 to Oommen (Ex. 2009) (“Oommen”)
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` U.S. Patent No. 6,781,611 to Richard (Ex. 2008) (“Richard”)
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`III. THE PERSON OF ORDINARY SKILL IN THE ART
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`6.
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`In my opinion, a person of ordinary skill in the relevant art
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`(“POSITA”) of the ‘020 and ‘476 patents has at least a bachelor’s degree in
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`electrical engineering or computer science with two or more years of experience in
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`graphical user interfaces. I understand that the Petitioner applied a substantially
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`similar standard for a POSITA, and my opinions presented below are equally
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`applicable under either standard.
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`7.
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`Even if any opinion in this declaration is expressed in the present
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`tense, my opinions are given from the perspective of a person of ordinary skill in
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`the art at the time of the July 28, 2000 filing of the Great Britain Application No.
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`0019459.7, from which both the ‘020 and ‘476 patents claim priority and benefit.
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`5
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`As of July 28, 2000, I satisfied the standard of a person of ordinary skill in the art
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`described above in ¶6.
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`IV. BACKGROUND OF THE TECHNOLOGY
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`8.
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`In July 2000, mobile telephone technology was in its relative infancy
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`compared to the modern day. Windows CE had been released in or around 1998,
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`but there were few commercially available products implementing Windows CE. I
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`personally wrote GPS and communications related applications for the Compaq
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`Aero, which used Windows CE as its operating system. The Compaq Aero was
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`considered a personal data assistant (PDA), which did not include a telephone
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`module. The cellular telephone radio modules used in mobile telephones at this
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`time included AMPS, which was the analog standard, and PCS, which was
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`available as either GSM or CDMA. As of July 2000, it is my opinion that
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`microprocessor power management technology had not yet evolved sufficiently
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`enough to allow the processors within mobile phones to run an operating system
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`such as Windows CE and also drive a telephone module while providing
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`acceptable battery life between charges.
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`9.
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`To the best of my recollection, Windows CE was never implemented
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`in a mobile telephone. Microsoft released a later version of its mobile operating
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`system, which was first referred to as Pocket PC 2000. This operating system was
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`also implemented in PDAs. Though I have heard that there were a few prototype
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`mobile telephones that used Pocket PC 2000, such as Microsoft’s Stinger, I have
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`never seen one. I understand also that Microsoft’s Stinger project was not
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`announced to the public until after July 28, 2000. The next version of Microsoft’s
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`mobile operating system was referred to as Pocket PC 2002, and this was followed
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`by Windows Mobile 2003. Pocket PC 2002 was released in a version referred to
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`as a Phone Edition. This would have occurred more than one year after July 28,
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`2000.
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`10. As of July 2000, the purpose of an operating system was well-
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`understood to a person of ordinary skill in the art. An operating system is necessary
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`for scheduling multiple applications to run simultaneously and for shielding
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`applications from the intricacies of the device hardware. Upon starting a
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`computing device having an operating system, such as a PC or Macintosh
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`computer, the operating system is loaded into program memory and executed.
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`While the device is on, the operating system will monitor keystrokes, mouse
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`movements and button presses, and will manage the system resources such as
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`communications, clocks and memory usage. For example, if a user inputs a
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`command to start an application, the operating system will find the desired
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`application in memory (usually a form of read-only memory, or ROM), load the
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`application into program memory, and cause the application code to be executed
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`by the device’s processor. The operating system can also provide application
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`program interfaces, or APIs, which allow the applications to interact with the
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`device hardware using OS-managed libraries of commands.
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`11. A mobile telephone was not required to include an operating system
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`as of July 2000. Indeed, at that time, many mobile phones and other smaller
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`devices did not include software that could be classified as an operating system. In
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`these types of devices, there would often be a basic input/output system (BIOS)
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`which would perform hardware initialization for the device upon start-up, and
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`would also load the operating software from a memory device. The software
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`would be stored as a monolithic set of code that would include system software
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`and modules to perform device features upon a user’s command. An example of
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`this type of monolithic software is described in U.S. Patent No. 6,993,328 to
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`Oommen (Ex. 2009) (“Oommen”) and assigned to Nokia.
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`12. Oommen describes the conventional type of software implemented in
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`the conventional mobile telephone as of May 2000. This software is also shown in
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`Fig. 1 of Oommen and included below:
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`13. As Oommen explains, “Fig. 1 shows a conventional monolithic
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`operating program 100 for a conventional mobile station. Conventional operating
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`programs include modules for controlling the operation of the mobile station and
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`providing services to users. For example, operating program 100 includes a
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`volume control module 102 for controlling the volume of the mobile station
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`speaker (not shown) and an e-mail service module 104 for allowing the user to
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`send and receive e-mail messages.” [Oommen 1:20-28]. Oommen does not
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`describe the e-mail service module 104 as an “application.” This is a correct
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`distinction. As a person of ordinary skill in the art would understand, a software
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`module is not an application. A module comprises a sub-routine or function that
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`can be performed within the monolithic operating program, but is not separately
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`executable as an application running on top of an operating system would be. A
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`monolithic operating program as of July 2000 could not have utilized multiple
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`threads of execution, as would have been required to execute applications.
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`However, a module can be executed as part of a monolithic operating program
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`such as disclosed in Oommen, without requiring the operating program to support
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`more than a single thread of execution.
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`V. THE ‘020 AND ‘476 PATENTS
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`14.
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`I have reviewed Patent No. 8,434,020 (the ‘020 patent) entitled
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`“Computing Device With Improved User Interface for Applications.” The ‘020
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`patent describes a device that includes an application launcher listing the available
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`applications in an unlaunched state. From the application launcher, an application
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`snapshot can be opened while the applications remain unlaunched. The application
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`snapshot displays a partial list of the functions available to be performed by the
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`associated application, or a partial list of data stored in the associated application.
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`15. From the disclosure of the ‘020 patent, it would have been understood
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`by a POSITA that the graphical user interface described and claimed was
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`implemented in a device running an operating system and at least one application
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`on top of the operating system.
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`16. First, the ‘020 patent explains that the program that enables the device
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`to display an application summary window “may be an operating system.” [‘020
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`patent 2:43-44]. Consistently with this disclosure, claim 17 explains that claim
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`16’s “computer-readable code” that “causes the [computing] device to display on
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`the screen an application summary window” “comprises an operating system.”
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`[‘020 patent 6:33-35; 6:25-26].
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`17. Second, the ‘020 patent specifically describes its features being
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`implemented as “applications.” These applications include “Messages,”
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`“Contacts,” “Calendar,” and “Phone.” [‘020 patent 3:5-6].
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`18. Third, the ‘020 patent explains that the “App Snapshot can therefore
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`display data from an application and functions of that application without actually
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`opening the application up.” [‘020 patent 3:53-55]. Similarly, in the independent
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`claims of the ‘020 patent, the claimed “application summary window is displayed
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`while the application is in an un-launched state.” [‘020 patent 5:42-43; 6:31-32].
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`19. Fourth, the ‘020 patent describes the App Snapshot being opened
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`while there are other “previously or currently” opened applications, such as a
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`Calendar application. [‘020 patent 4:58-59].
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`20. Read in context of the ‘020 patent disclosure, these identified portions
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`of the specification indicate quite clearly to a POSITA that the ‘020 patent’s use of
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`the term “application” refers to an executable program that may be open or
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`unopened. Further, a device may include a number of “applications” that are
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`separate and therefore separately executable.
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`21.
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`I also note above that claims 1 and 16 of the ‘020 patent recite that the
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`claimed “application summary window is displayed while the application is in an
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`un-launched state.” [‘020 patent 5:42-43; 6:31-32]. This indicates to a POSITA
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`that these claims 1 and 16 are not directed to a system that includes a monolithic
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`operating program without applications, such as that described in Oommen.
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`Oommen discloses a monolithic operating program without any concept of
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`separately executable applications. Even if Oommen’s operating program were to
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`be characterized as an “application,” which is inconsistent with the conclusion that
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`would be reached by a POSITA, Oommen’s operating program cannot display a
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`summary window of itself while it is “un-launched.”
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`22.
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`I have also reviewed U.S. Patent No. 8,713,476 (the ‘476 patent).
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`While the claims of the ‘476 patent differ slightly from the ‘020 patent claims, the
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`specifications and figures of the ‘020 and ‘476 patents are identical in content with
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`the exception of the opening paragraphs, “Cross Reference to Related
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`Applications.” Therefore, when considering the disclosure of these two patents at
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`issue, I may cite only to the ‘020 patent specification. It is to be understood that
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`the technical content is shared by both patents.
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`23. For example, just as I explained in ¶ 15 above, the disclosure of the
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`‘476 patent would have informed a POSITA that the graphical user interface
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`described and claimed was implemented in a device running an operating system
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`with at least one application on top of the operating system. The excerpts of the
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`‘020 patent, provided in ¶¶ 16-19 are equally applicable to the ‘476 patent. I note
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`that in the independent claims of the ‘476 patent, the “wherein” clause is recited
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`slightly differently: the “application summary is displayed while the one or more
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`applications are in an un-launched state.” [‘476 patent 6:1-3; 6:41-43; 7:15-17]. I
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`also note that claim 12 of the ‘476 patent explains that claim 11’s “computer-
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`readable code” that “causes the [computing] device to display on the screen an
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`application summary” “comprises an operating system.” [‘476 patent 6:44-46;
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`6:30-36]. These minor changes relative to the ‘020 patent do not alter my analysis;
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`a POSITA would understand that these claims of the ‘476 patent are directed to a
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`system that includes at least one application on top of an operating system.
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`24. As addressed in more detail below, it is also my opinion that the
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`challenged claims of the ‘020 patent and ‘476 patent are patentable over the
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`challenges presented in the Petitions filed by Apple in IPR2015-01898 and
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`IPR2015-01899.
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`A. CLAIM CONSTRUCTION FOR ‘020 AND ‘476 PATENTS
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`25.
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`I understand that in an Inter Partes Review of an unexpired patent,
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`claim terms are given their broadest reasonable interpretation that is consistent
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`with the specification. The following discussion reflects my view of the broadest
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`reasonable interpretation consistent with the specification of these terms, as they
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`appear in the claims of the ’020 and ‘476 patents, that would be given by a person
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`of ordinary skill in the art.
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`26.
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`I understand that Patent Trial and Appeal Board (“PTAB”) has
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`interpreted the term “mobile telephone” from the ‘020 patent’s claim 11 according
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`to the description provided in the ‘020 patent specification at 1:18-24. [IPR2015-
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`01898 Inst. Dec. 6]. The PTAB issued a similar interpretation in IPR2015-01985.
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`[IPR2015-01899 Inst. Dec. 6]. I have used this interpretation of “mobile
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`telephone” for the purposes of my opinion.
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`27.
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`I also understand that the U.S. District Court issued constructions
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`from the bench during the trial between Petitioner and Patent Owner on the ‘020
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`and ‘476 patents. Specifically, I understand that the District Court judge construed
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`“unlaunched state” as “not displayed,” and construed “reached directly” as
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`“reached without an intervening step.” [Ex. 2004 p. 23]. I have applied these
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`constructions for the purposes of my opinions.
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`28.
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`In addition to the terms discussed above, I have identified three other
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`terms that require explanation. Specifically, even if these terms are interpreted
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`according to their plain and ordinary meanings, I understand that these plain and
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`ordinary meanings must be consistent with the specifications of the ‘020 and ‘476
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`patents.
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`29. The independent claims of both the ‘020 and ‘476 patents recite the
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`term “application,” and further require that an application summary (or application
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`summary window) is displayed while an application is in an un-launched state. As
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`I explained above, a POSITA would understand that an “application” as recited in
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`these claims refers to an executable program that can be launched to access its
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`functions and data, and is layered on top of an operating system. In a system that
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`simply includes an operating program having user-selectable features, such as
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`disclosed in Oommen, there is no “application” as that term is described and
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`claimed in the ‘020 and ‘476 patents. As of July 2000, it was not possible to
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`manage separate applications in a computing device without an operating system.
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`30. As of July 2000, it was understood by a POSITA that an application
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`could include more than one visible window. The operating system assigns
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`windows to applications based upon a request from an application, and an
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`application could request and receive more than one window from the operating
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`system. As additional support for this opinion, I have reviewed U.S. Patent No.
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`6,781,611, the Richard patent, which was discussed during prosecution of the ‘020
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`Patent. In Richard, filed on June 28, 2000, the Abstract describes a “list of open
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`windows within an application.” [Ex. 2008, Abstract (emphasis added)]. For
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`example, as of July 2000, a user could open multiple documents in separate
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`windows in Microsoft Word on a PC. A POSITA would understand as of July
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`2000 that opening a new window in an open application is not the same as
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`launching or opening an application.
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`31. The claims of the ‘020 and ‘476 patent also recite the term “function,”
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`separately from an “application.” A POSITA would understand that a “function”
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`is not the same thing as an “application.” The ‘020 patent provides examples of
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`applications “such as ‘Messages’, ‘Contacts’, ‘Calendar’ and ‘Phone’.” [‘020
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`patent 3:5-7]. In these applications, a user can “open” the application and then
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`navigate “within that application to enable … a function of interest to be
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`activated.” [‘020 patent 2:35-39].
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`32. Martyn provides examples of “functions” in the ‘020 patent
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`specification (and similarly in the ‘476 specification):
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`Exemplary Function
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`Citation in the ‘020 patent
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`“create a new contact entry”
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`“open an address book function”
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`“enter a PIN security number”
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`“alter the ring melody”
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`1:43
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`2:7
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`2:8
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`2:8-9
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`“Create Message”
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`“Enter chat room”
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`Figs. 2, 3; 3:33-35
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`Figs. 2, 3; 3:33-35
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`33. From these examples, a POSITA would recognize that the ‘020 patent
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`consistently describes a “function” as an action that a user is to perform within the
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`corresponding application. These actions include creating a new contact entry,
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`entering a PIN number, changing a ring tone, creating a message, or participating
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`in a chat. A POSITA would also understand from these examples that opening an
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`application window is not described as a “function.” Rather, to constitute a
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`“function,” the device opens an address book function. The particular “address
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`book function” is not provided in the ‘020 patent, but what is clear to a POSITA is
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`that executing a function requires more than just opening an application window or
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`address book.
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`34. The ‘020 patent also describes functions as options that are
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`“activated.” [‘020 patent 1:28; 2:37-39; 5:46; 6:40]. The operation of activating a
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`function is distinguished in claims 2 and 18 from the operation of opening an
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`application. [‘020 patent 5:44-46]. For example, claim 2 recites that “selecting a
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`function listed in the summary window causes the first application to open and that
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`selected function to be activated.” Once again, this language informs a POSITA
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`that a “function” according to the ‘020 patent is more than opening an application
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`window. Rather, an application is opened and the selected function is activated.
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`This is similar to an operating system shell having a command prompt, where an
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`application can be opened by entering the application name followed by a
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`command-line parameter that causes the application to execute a particular
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`function.
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`35. The “data” term appears in claim 10 of the ‘020 patent, which
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`depends from claim 1 and further recites “the summary window further display[s]
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`a list of data stored in that application.” The nature of the “data” being claimed in
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`claim 10 and displayed in the application summary window is data that is “stored
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`in” an associated application. A POSITA would understand that data “stored in”
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`an application refers to data that is caused to be stored by an application in a
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`memory location that is allocated specifically to the application.
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`36. The “data” term also appears in claims 1 and 20 of the ‘476 patent.
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`Per claim 1, the “application summary displays a limited list of data offered within
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`the one or more applications,” and the “selected data [is] to be seen within the
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`respective application.” [‘476 patent 5:64-6:1]. Claim 20 recites substantially
`
`similar features of the claimed “data.” [‘476 patent 7:10-22]. As noted above, the
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`‘476 patent explains that the summary view can include “functionality and/or
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`stored data types.” Id. at 4:47-48 (emphasis added). A POSITA would understand
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`that the type of “data” being claimed in claims 1 and 20 (and their dependent
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`claims) is “data” that is both displayed in a list in the “application summary” and is
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`“seen within the respective application.” For example, the ‘476 patent describes
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`that the Messages App Snapshot could display “further information” on a message,
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`such as the “date and time it arrived and the first line/subject of the message.”
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`[‘476 patent 5:8-11]. I will refer to this type of data as “preview data” since it
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`previews the first line or subject of a message, or date/time that the message
`
`arrived in the App Snapshot. This type of preview data may meet the requirements
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`of the type of “data” claimed in claims 1 and 20 of the ‘476 patent.
`
`VI. CONSIDERATION OF THE PRIOR ART
`
`A. Disclosures of Schnarel
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`37. Schnarel describes a user-interface for a screen telephone. The home
`
`screen of this interface is shown in Fig. 1:
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`19
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`38. Of the various panes shown on Fig. 1, Schnarel discloses the
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`“application button bar” 104, which is provided “to inform the user of all
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`applications that are available to them and to provide a vehicle for launching those
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`applications.” [Schnarel 9:2-6]. The pane area 102 includes default panes 202,
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`204, 206, and 208. These panes are shown in Fig. 2:
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`
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`39. These panes include branding pane 202, date and time pane 204,
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`message pane 206, and task pane 208. [Schnarel 5:19-20]. Petitioner looks to
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`message pane 206 for the “application summary window” as recited in the ‘020
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`patent claims and for the “application summary” as recited in the ‘476 patent
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`claims. Petitioner’s annotated characterization of Schnarel in the ‘020 patent case
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`20
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`is provided below:
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`40. According to Schnarel, the “Caller Log” button and “Voicemail”
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`button in pane 206 are indicators that “the user may select to access messages of a
`
`particular type, such as faxes, caller logs, and voice-mail messages.” [Schnarel
`
`8:9-11]. To view messages, Schnarel discloses certain message viewers that are
`
`referred to as “message viewer application[s].” [Schnarel 6:62-7:1]. In describing
`
`certain viewers, Schnarel discloses that they are launched. [Schnarel 7:5-10].
`
`Schnarel also indicates in Figure 7 that the Fax Viewer, E-mail Viewer, and
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`Answering Machine Viewer are separate applications from the Message Center.
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`[Schnarel Fig. 7].
`
`41. Fig. 5 of Schnarel provides a view of the “user interface screen of the
`
`message center application (502).” I understand that the “extended call slip (500)”
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`that is visible over the message center application 502 is not intended to be part of
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`the message center application:
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`
`
`42. Schnarel discloses that the message center “provides integrated access
`
`to all types of messages that the user can receive through the host device, such as
`
`answering machine messages, e-mails, and faxes. For each type of message, the
`
`message center relies on a pair of components: a message transport and a message
`
`viewer.” [Schnarel 10:45-50].
`
`43. Dealing first with the message transports, Fig. 7 shows that the
`
`message transports (“Voice Transport,” “E-mail Transport,” and “Other Transport
`
`(FAX v-mail)”) are separate from the message center. [Schnarel Fig. 7]. Schnarel
`
`states that the “message transport executes in the background, independent of the
`
`shell (706).” [Schnarel 10:53-54]. A POSITA would therefore understand that the
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`message transports are separate from the message center application.
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`44. Turning to the message viewer, Schnarel refers to a message viewer
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`generally as a “message viewer application,” [Schnarel 6:63-64, 7:1] and discloses
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`that the “particular message viewer that is chosen depends upon the type of new
`
`messages available.” [Schnarel 7:1-3]. Where there are no new messages, the
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`“default message viewer is the most recently used viewer.” [Schnarel 7:11-12].
`
`Schnarel also refers to these message viewer applications being launched, such as
`
`when a user selects a button in the user-specific messages display area 304 of Fig.
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`3. [Schnarel 6:62-64; 7:5-10]
`
`45. Schnarel discloses that “message viewers include an answering
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`machine viewer (732), an e-mail viewer (734), and fax viewer (736).” [Schnarel
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`10:59-61]. Schnarel discloses another type of message: a “personal note[]” that is
`
`accessed via a “notepad message viewer.” [Schnarel 7:5-6]. Schnarel also
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`discloses a call log viewer. [Schnarel 8:59]. A POSITA would understand from
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`Schnarel’s disclosure that each of the icons and buttons appearing in pane 206
`
`launches a particular “message viewer application”: answering machine viewer
`
`(732), an e-mail viewer (734), fax viewer (736), a notepad message viewer, and a
`
`call log viewer. I have already noted above that the viewers shown on Fig. 7 are
`
`different from the Message Center application, and a POSITA would understand
`
`from Schnarel’s description of the viewers as “applications” that the other viewers
`
`
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`23
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`disclosed throughout the specification (including the call log viewer) would also be
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`separate applications from the Message Center application.
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`46. Schnarel discloses that in “response to selecting an active fax button,
`
`the messages application is launched and a fax viewer is displayed,” and “pressing
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`an active call logger button causes the messages application to launch, and a call
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`log viewer to be displayed.” [Schnarel 8:48-50; 8:57-59]. Because Schnarel
`
`describes and shows the message viewers to be applications that are different from
`
`the message center application, a POSITA would interpret these statements in
`
`Schnarel as indicating that both the message application and the respective viewer
`
`application are launched. A POSITA would read these statements as disclosing
`
`that the fax viewer and call log viewer are also separate applications that must be
`
`launched, rather than “functions offered within the” message application. This is
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`consistent with Schnarel’s disclosure that the “message viewer plugs into the
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`message center (which in turn plugs into the shell (706).” [Schnarel 10:55-57].
`
`The message viewer applications are separate from the message center application,
`
`and a message viewer application must be separately launched for a corresponding
`
`message to be displayed.
`
`B. Disclosures of Aberg
`
`47. Aberg discloses a user-customizable menu system that allows a user
`
`to modify a high-level “dynamic menu” as either a “toplevel menu or sub-level
`
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`24
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`menu.” [Aberg 2:64-65]. In an embodiment, the dynamic menu 300 includes a
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`sub-menu 400 that is accessed by selecting the “Modify Menu menu item 313,”
`
`and “comprises a long list of available menu items” from “other top-level menus”
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`for adding to the “dynamic sub-menu 310 of the top-level SPECIAL menu 300.”
`
`[Aberg 6:25-29; 6:31-35; 6:38-41]. The menu structure of Aberg is shown in Fig.
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`3 and on the cover page:
`
`
`
`C. Either alone or in combination with other references, Schnarel does
`
`not disclose or suggest all features of the challenged ‘020 patent or ‘476
`
`patent claims
`
`48.
`
`I understand that the Petitioner has challenged claims 1, 2, 6, 8, 10-11,
`
`13, and 16 of the ‘020 patent and claims 1, 4, 7-9, 20, 28, and 29 of the ‘476 patent
`
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`as allegedly obvious over Schnarel alone and in combination with secondary
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`references including Aberg. I also understand from the -01898 Petition and the
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`Myers ’98 declaration that the Petitioner relies upon Schnarel to expressly disclose
`
`every feature of the challenged claims of the ‘020 patent except the “reached
`
`directly” clauses of claims 1 and 16. Similarly, I understand from the -01899
`
`Petition and the Myers ’99 declaration that the Petitioner relies upon Schnarel to
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`expressly disclose every feature of the
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