IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Seung Hee Han, et al.
`In re Patent of:
`7,746,916 Attorney Docket No.: 00035-0006IP1
`U.S. Patent No.:
`June 29, 2010
`
`Issue Date:
`Appl. Serial No.: 11/563,909
`
`Filing Date:
`November 28, 2006
`
`Title:
`Method and Apparatus for Generating and Transmitting
`Code Sequence in a Wireless Communication System
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`1
`
`DECLARATION OF JONATHAN WELLS, PH.D.
`
`
`
`
`
`APPLE 1003
`
`

`
`
`
`
`I. 
`
`II. 
`
`
`
`
`
`Table of Contents
`
`Introduction ...................................................................................................... 9 
`
`Qualifications ................................................................................................... 9 
`
`III.  Materials Considered ..................................................................................... 12 
`
`IV.  Applicable Legal Standards ........................................................................... 14 
`
`  My Understanding of Anticipation ..................................................... 14 
`
`  My Understanding of Obviousness ..................................................... 14 
`
`  My Understanding of Claim Construction .......................................... 19 
`
`V. 
`
`Level of Ordinary Skill in the Art ................................................................. 19 
`
`VI.  Overview of the Technology ......................................................................... 20 
`
` 
`
`Random Access Overview .................................................................. 20 
`
`1. 
`
`Introduction ............................................................................... 20 
`
`2.  When is Random Access Used? ............................................... 24 
`
`3. 
`
`4. 
`
`Types of Random Access Procedures ....................................... 24 
`
`The Random Access Preamble ................................................. 25 
`
` 
`
`Preamble Code Sequences .................................................................. 27 
`
`1. 
`
`2. 
`
`Hadamard Code Sequences ....................................................... 29 
`
`CAZAC Sequences ................................................................... 30 
`
`Zadoff–Chu Sequences ................................................... 31 
`a) 
`GCL Sequences .............................................................. 32 
`b) 
`3.  Manipulation of Code Sequences ............................................. 32 
`
`VII.  Brief Overview of the ’916 Patent ................................................................. 35 
`
`
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`2
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`

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`
`
`
`
`
`
`VIII.  Claim Construction ........................................................................................ 40 
`
`  Acquiring/generating a code sequence having a second length by a
`cyclic extension of a code sequence having a first length (Claims 1
`and 6) ................................................................................................... 41 
`
` 
`
` 
`
` 
`
` 
`
`“cyclic prefix” (Claims 2 and 7) ......................................................... 42 
`
`"cyclic postfix" (Claims 2, 3 and 7) .................................................... 45 
`
`"reference signal sequence" (Claims 5 and 10) ................................... 47 
`
`“a code sequence generator” (claim 6) ................................................ 47 
`
`IX.  Application of Zhuang327 to the Challenged Claims of the ’916 Patent ..... 49 
`
`  Overview of Zhuang327 ...................................................................... 49 
`
`1. 
`
`2. 
`
`3. 
`
`4. 
`
`5. 
`
`6. 
`
`Generating Access Sequence 120 based on GCL Sequence 110
` ................................................................................................... 51 
`
`Generating Access Signal 130 based on Access Sequence 120
` ................................................................................................... 52 
`
`Generating Circularly-Shifted Access Signal 140 by circularly
`shifting Access Signal 130 ........................................................ 52 
`
`Generating Access Waveform 150 based on Access Signal 140
` ................................................................................................... 52 
`
`Transmitting Access Waveform 150 ........................................ 53 
`
`Summary ................................................................................... 53 
`
` 
`
` 
`
`A method/apparatus for transmitting a code sequence [from a
`transmitting party to a receiving party] in a wireless communication
`system (claims 1 and 6) ....................................................................... 54 
`
`Acquiring/generating a code sequence having a second length by a
`cyclic extension of a code sequence having a first length (Claims 1
`and 6) ................................................................................................... 54 
`
`
`
`3
`
`

`
`
`
`
`
` 
`
` 
`
`Performing a circular shift to the code sequence having the second
`length (claims 1 and 6) ........................................................................ 63 
`
`Transmitting the circular shifted code sequence having the second
`length to the receiving party (claims 1 and 6) ..................................... 63 
`
`  Wherein the first length is a largest prime number smaller than the
`second length (claims 1 and 6) ............................................................ 64 
`
`  Wherein the cyclic extension of the code sequence having the first
`length is performed such that a part of the code sequence having the
`first length, having a length corresponding to a difference between the
`first length and the second length, is added to either a start or an end
`of the code sequence having the first length (claims 1 and 6) ............ 64 
`
`  Wherein the circular shift is performed to the code sequence having
`the second length such that either a rear portion of the code sequence
`having the second length moves to a start of the code sequence having
`the second length, or a front portion of the code sequence having the
`second length moves to an end of the code sequence having the
`second length (claims 1 and 6) ............................................................ 65 
`
` 
`
` 
`
` 
`
` 
`
`The part of the code sequence having the first length comprises at
`least a cyclic prefix or a cyclic postfix (claims 2 and 7) ..................... 69 
`
`The cyclic extension is performed such that a cyclic postfix of the
`code sequence having the first length, having the length corresponding
`to the difference between the first length and the second length, is
`added to the end of the code sequence having the first length (claims 3
`and 8) ................................................................................................... 69 
`
`The code sequence having the second length is transmitted as a
`reference signal sequence (claims 5 and 10) ....................................... 70 
`
`A code sequence generator for generating a code sequence having a
`second length by cyclic extension of a code sequence having a first
`length, and performing a circular shift to the code sequence having the
`second length (claim 6) ....................................................................... 71 
`
`  A transmitting unit for transmitting the circular shifted code sequence
`having the second length (claim 6) ..................................................... 85 
`4
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`

`
`
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`
`
`
`
`X.  Application of Zhuang327 and Popovic to the Challenged Claims of the ’916
`Patent ............................................................................................................. 86 
`
` 
`
`Zadoff-Chu (ZC) sequence (claims 4 and 9) ....................................... 86 
`
`XI.  Application of Zhuang327 and Hou to the Challenged Claims of the ’916
`Patent ............................................................................................................. 92 
`
`  A method/apparatus for transmitting a code sequence [from a
`transmitting party to a receiving party] in a wireless communication
`system (claims 1 and 6) ....................................................................... 97 
`
` 
`
` 
`
` 
`
`Acquiring/generating a code sequence having a second length by a
`cyclic extension of a code sequence having a first length (claims 1 and
`6) .......................................................................................................... 98 
`
`Performing a circular shift to the code sequence having the second
`length (claims 1 and 6) ......................................................................101 
`
`Transmitting the circular shifted code sequence having the second
`length to the receiving party (claims 1 and 6) ...................................108 
`
`  Wherein the first length is a largest prime number smaller than the
`second length (claims 1 and 6) ..........................................................109 
`
`  Wherein the cyclic extension of the code sequence having the first
`length is performed such that a part of the code sequence having the
`first length, having a length corresponding to a difference between the
`first length and the second length, is added to either a start or an end
`of the code sequence having the first length (claims 1 and 6) ..........109 
`
`  Wherein the circular shift is performed to the code sequence having
`the second length such that either a rear portion of the code sequence
`having the second length moves to a start of the code sequence having
`the second length, or a front portion of the code sequence having the
`second length moves to an end of the code sequence having the
`second length (claims 1 and 6) ..........................................................110 
`
`  A code sequence generator for generating a code sequence having a
`second length by cyclic extension of a code sequence having a first
`
`
`
`5
`
`

`
`
`
`
`
`
`
`length, and performing a circular shift to the code sequence having the
`second length (claim 6) .....................................................................111 
`
` 
`
` 
`
`A transmitting unit for transmitting the circular shifted code sequence
`having the second length (claim 6) ...................................................116 
`
`Application of Zhuang327 and Hou to dependent claims 2-5 and 7-10
` ...........................................................................................................117 
`
`XII.  Application of Zhuang327, Hou and Popovic to the Challenged Claims of
`the ’916 Patent .............................................................................................117 
`
`XIII.  Application of Zhuang175 to the Challenged Claims of the ’916 Patent ...118 
`
`  Overview of Zhuang175 ....................................................................118 
`
` 
`
` 
`
` 
`
` 
`
`A method/apparatus for transmitting a code sequence [from a
`transmitting party to a receiving party] in a wireless communication
`system (claims 1 and 6) .....................................................................124 
`
`Acquiring/generating a code sequence having a second length by a
`cyclic extension of a code sequence having a first length (Claims 1
`and 6) .................................................................................................126 
`
`Performing a circular shift to the code sequence having the second
`length (claims 1 and 6) ......................................................................127 
`
`Transmitting the circular shifted code sequence having the second
`length to the receiving party (claims 1 and 6) ...................................129 
`
`  Wherein the first length is a largest prime number smaller than the
`second length (claims 1 and 6) ..........................................................130 
`
`  Wherein the cyclic extension of the code sequence having the first
`length is performed such that a part of the code sequence having the
`first length, having a length corresponding to a difference between the
`first length and the second length, is added to either a start or an end
`of the code sequence having the first length (claims 1 and 6) ..........130 
`
`  Wherein the circular shift is performed to the code sequence having
`the second length such that either a rear portion of the code sequence
`
`
`
`6
`
`

`
`
`
`
`
`
`
`having the second length moves to a start of the code sequence having
`the second length, or a front portion of the code sequence having the
`second length moves to an end of the code sequence having the
`second length (claims 1 and 6) ..........................................................131 
`
`The part of the code sequence having the first length comprises at
`least a cyclic prefix or a cyclic postfix (claims 2 and 7) ...................133 
`
`The cyclic extension is performed such that a cyclic postfix of the
`code sequence having the first length, having the length corresponding
`to the difference between the first length and the second length, is
`added to the end of the code sequence having the first length (claims 3
`and 8) .................................................................................................134 
`
`The code sequence having the second length is transmitted as a
`reference signal sequence (claims 5 and 10) .....................................135 
`
`A code sequence generator for generating a code sequence having a
`second length by cyclic extension of a code sequence having a first
`length, and performing a circular shift to the code sequence having the
`second length (claim 6) .....................................................................136 
`
` 
`
` 
`
` 
`
` 
`
`  A transmitting unit for transmitting the circular shifted code sequence
`having the second length (claim 6) ...................................................144 
`
`XIV.  Application of Zhuang175 and Popovic to the Challenged Claims of the ’916
`Patent ...........................................................................................................145 
`
` 
`
`Zadoff-Chu (ZC) sequence (claims 4 and 9) .....................................146 
`
`XV.  Application of Zhuang175 and Hou to the Challenged Claims of the ’916
`Patent ...........................................................................................................151 
`
` 
`
`Performing a circular shift to the code sequence having the second
`length (claims 1 and 6) ......................................................................157 
`
`  Wherein the circular shift is performed to the code sequence having
`the second length such that either a rear portion of the code sequence
`having the second length moves to a start of the code sequence having
`the second length, or a front portion of the code sequence having the
`
`
`
`7
`
`

`
`
`
`
`
`
`
`second length moves to an end of the code sequence having the
`second length (claims 1 and 6) ..........................................................162 
`
` 
`
`Application of Zhuang175 and Hou to other claim elements of
`independent claims 1 and 6, and dependent claims 2-5 and 7-10 .....165 
`
`XVI.  Application of Zhuang175, Hou and Popovic to the Challenged Claims of
`the ’916 Patent .............................................................................................165 
`
`XVII. Application of Zhuang175 and Fukuta to the Challenged Claims of the ’916
`Patent ...........................................................................................................167 
`
`  A code sequence generator for generating a code sequence having a
`second length by cyclic extension of a code sequence having a first
`length, and performing a circular shift to the code sequence having the
`second length (claim 6) .....................................................................170 
`
`  Wherein the circular shift is performed to the code sequence having
`the second length such that either a rear portion of the code sequence
`having the second length moves to a start of the code sequence having
`the second length, or a front portion of the code sequence having the
`second length moves to an end of the code sequence having the
`second length (claims 1 and 6) ..........................................................179 
`
` 
`
`The code sequence having the second length is transmitted as a
`reference signal sequence (claims 5 and 10) .....................................183 
`
`Application of Zhuang175, Fukuta and Popovic to the Challenged
`XVIII. 
`Claims of the ’916 Patent ............................................................................183 
`
`XIX.  Conclusions ..................................................................................................185 
`
`
`
`8
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`

`
`
`
`I.
`
`
`
`
`
`
`Introduction
`
`I, Dr. Jonathan Wells, declare as follows:
`
`1.
`
`I have been retained on behalf of Petitioner, Apple Inc., Microsoft Cor-
`
`poration, Microsoft Mobile Oy, and Microsoft Mobile Inc. (f/k/a Nokia Inc.) to pro-
`
`vide expert opinions in connection with this inter partes review. Specifically, I have
`
`been asked to provide my opinion relating to an inquiry into the patentability of
`
`claims of the U.S. Patent No. 7,746,916 (the “’916 patent”).
`
`II. Qualifications
`2.
`I have over 25 years of academic and industry experience in wireless
`
`networks (e.g., 2G, 3G and 4G networks, comprising GSM, EDGE, WCDMA,
`
`HSDPA and LTE technologies), cellular infrastructure equipment (base stations,
`
`backhaul and handsets), and wireless standards, rules and regulations (e.g., 3GPP,
`
`FCC, ETSI and CEPT). Over my career, I have worked with companies to develop
`
`and deploy radio frequency (RF) hardware for telecommunication infrastructure
`
`equipment for worldwide export, to implement marketing and product development
`
`strategies for cellular wireless products, and to participate in Federal Communica-
`
`tions Commission (“FCC”), European Conference of Postal and Telecommunica-
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`tions Administrations (“CEPT”), European Telecommunications Standards Institute
`
`(“ETSI”) and other technical body meetings.
`
`
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`9
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`

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`3.
`
`In 1987, I received my Bachelor of Science degree in Physics with
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`Physical Electronics (with 1st Class Honours) from the University of Bath, Bath,
`
`United Kingdom. In 1991, I received the Doctor of Philosophy (Ph.D.) degree in
`
`Physics from the University of Bath. In 1998, I received a Master of Business Ad-
`
`ministration (with distinction) from Massey University, New Zealand.
`
`4.
`
`After completing my Ph.D., I began working at the University of Bath
`
`as a Postdoctoral Research Officer. I continued to work at the University of Bath
`
`until 1992. During this time, I fabricated novel electronic devices, and developed
`
`software models to predict their performance in wireless communication systems.
`
`5.
`
` For more than 20 years I worked in private industry designing, devel-
`
`oping and implementing various wireless communication products throughout the
`
`world.
`
`6.
`
`Specifically, from 1993 to 1994, I was a Senior Design Engineer at
`
`Matra Marconi Space, where I developed space-qualified electronic components and
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`sub-systems for two satellite systems.
`
`7.
`
`From 1994 to 1995, I was a Senior RF Design Engineer, and from 1995-
`
`1998, I was RF Group Manager, at MAS Technology (now Aviat Networks), where
`
`I, among other things, led the development of three families of innovative wireless
`
`products, oversaw the company’s European regulatory approvals, and personally de-
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`signed a wide range of RF devices.
`
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`10
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`

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`8.
`
`From 1998 to 1999, I was an Engineering Group Leader, and from
`
`1999-2000 I was the Director of Wideband Products, at Adaptive Broadband (now
`
`GE Digital Energy), where I oversaw the Terrestrial Infrastructure Group, and led
`
`the development of a family of digital radio products.
`
`9.
`
`From 2000 to 2004, I was the Director of Product Development at Stra-
`
`tex Networks (now Aviat Networks), where I was responsible for the global product
`
`development of the company’s Outdoor Unit (ODU) portfolio of high-end digital
`
`microwave radios, which were primarily directed towards cellular applications.
`
`10. From 2005 to 2007, I was the Director of Product Management and
`
`Global Regulatory Affairs at GigaBeam Corporation, where I developed the overall
`
`product strategy for a novel wideband communication system for future cellular ap-
`
`plications. During this time I had responsibility for establishing a global regulatory
`
`framework for this new product, which included developing FCC (Federal Commu-
`
`nications Commission) and ETSI (European Telecommunications Standards Insti-
`
`tute) standards to cover the specification and regulation of the system.
`
`11. Since 2007, I have been the Managing Partner of AJIS Consulting––an
`
`independent consulting firm specializing in wireless communications and emerging
`
`wireless fields. Specifically, I analyze cellular and wireless technologies, as well as
`
`conduct technical workshops on various wireless technologies; including cellular
`
`networks, mm-wave radios, security sensors and short range radios.
`
`
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`11
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`

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`12.
`
`I have given guest lectures on various aspects of technology at UC
`
`Berkeley and Carnegie Mellon University. I have authored or co-authored more than
`
`40 scientific and industry publications relating to wireless networks, cellular infra-
`
`structure equipment, and wireless standards, rules and regulations. I also published
`
`a book titled “Multi-Gigabit Microwave and Millimeter-Wave Wireless Communi-
`
`cations” in 2010. I have presented numerous tutorials, workshops, and lectures to
`
`industry and academic audiences on these topics. I am listed as the lead inventor on
`
`multiple patents that relate to these topics as well. I was elected a Senior Member of
`
`the Institute of Electrical and Electronic Engineers (IEEE) in 1999.
`
`13. My Curriculum Vitae is attached as Exhibit 1004, which contains fur-
`
`ther details on my education, experience, publications, and other qualifications to
`
`render an expert option. My work on this case is being billed at an hourly rate, with
`
`reimbursement for actual expenses. My compensation is not contingent upon the
`
`outcome of this inter partes review.
`
`III. Materials Considered
`14.
`In forming my opinions expressed in this declaration, I have considered
`
`and relied upon my education, background, and experience. I reviewed U.S. Patent
`
`No. 7,746,916 (the “’916 patent”, Exhibit 1001) and its patent file history (Exhibit
`
`1002).
`
`
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`12
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`

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`15. Additionally, I have reviewed and relied upon the following list of ma-
`
`terials in preparation of this declaration:
`
`
`
`
`
`U.S. Patent No. US 8,340,232 to Ding et al. (“Ding,” Exhibit 1006);
`
`U.S. Patent No. US 7,599,327 to Zhuang et al. (“Zhuang327,” Exhibit
`
`1007);
`
`
`
`B.M. Popovic, “Generalized chirp-like polyphase sequences with optimum
`
`correlation properties”, IEEE Trans. On Information Theory, vol. 38, pp. 1406-
`
`1409, July 1992 (“Popovic,” Exhibit 1009);
`
`
`
`
`
`
`
`U.S. Patent No. 8,116,195 to Hou et al. (“Hou,” Exhibit 1011);
`
`U.S. Patent No. 7,426,175 to Zhuang et al. (“Zhuang175,” Exhibit 1012);
`
`U.S. Patent Application Publication No. 2007/0270273 to Fukuta et al.
`
`(“Fukuta,” Exhibit 1013);
`
`
`
`U.S. Patent No. US 7,400,573 to Sundstrom et al. (“Sundstrom,” Exhibit
`
`1027);
`
`
`
`
`
`
`
`U.S. Patent No. US 7,701,919 to Ah Lee (“Ah Lee,” Exhibit 1029);
`
`U.S. Patent No. US 7,693,924 Cho et al. (“Cho,” Exhibit 1030);
`
`Motorola, Inc. 2004 Annual Report (Exhibit 1031); and
`
` WCDMA for UMTS: Radio Access for Third Generation Communica-
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`tions, Holma and Toskala, 3rd ed, Wiley and Sons, Ltd., 2004 (Exhibit 1032).
`
`16.
`
`I have also considered all other materials cited herein.
`
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`13
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`IV. Applicable Legal Standards
` My Understanding of Anticipation
`A1. I understand that documents and materials that qualify as prior art can
`
`be used to invalidate a patent claim as anticipated or as obvious.
`
`A2. I understand that, once the claims of a patent have been properly con-
`
`strued, the second step in determining anticipation of a patent claim requires a com-
`
`parison of the properly construed claim language to the prior art on a limitation-by-
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`limitation basis.
`
`A3. I understand that a prior art reference “anticipates” an asserted claim,
`
`and thus renders the claim invalid, if all elements of the claim are disclosed in that
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`prior art reference, either explicitly or inherently (i.e., necessarily present).
`
`A4. I understand that anticipation in an inter partes review must be shown
`
`by a preponderance of the evidence.
`
` My Understanding of Obviousness
`
`17.
`
`I understand that a patent claim is invalid if the claimed invention
`
`would have been obvious to a person of ordinary skill in the field at the time of the
`
`claimed invention. This means that even if all of the requirements of the claim cannot
`
`be found in a single prior art reference that would anticipate the claim, the claim can
`
`still be invalid.
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`14
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`

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`18. As part of this inquiry, I have been asked to consider the level of ordi-
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`nary skill in the field that someone would have had at the time the claimed invention
`
`was made. In deciding the level of ordinary skill, I considered the following:
`
`
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`
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`
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`the levels of education and experience of persons working in the field;
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`the types of problems encountered in the field; and
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`the sophistication of the technology.
`
`19. To obtain a patent, a claimed invention must have, as of the priority
`
`date, been nonobvious in view of the prior art in the field. I understand that an in-
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`vention is obvious when the differences between the subject matter sought to be
`
`patented and the prior art are such that the subject matter as a whole would have
`
`been obvious at the time of the invention to a person having ordinary skill in the art.
`
`20.
`
`I understand that a person of ordinary skill in the art provides a refer-
`
`ence point from which the prior art and claimed invention should be viewed. This
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`reference point prevents one from using his or her own insight or hindsight in decid-
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`ing whether a claim is obvious.
`
`21.
`
`I also understand that an obviousness determination includes the con-
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`sideration of various factors such as (1) the scope and content of the prior art, (2) the
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`differences between the prior art and the asserted claims, (3) the level of ordinary
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`skill in the pertinent art, and (4) the existence of secondary considerations such as
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`commercial success, long-felt but unresolved needs, failure of others, etc.
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`15
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`22.
`
`I understand that an obviousness evaluation can be based on a combi-
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`nation of multiple prior art references. I understand that the prior art references
`
`themselves may provide a suggestion, motivation, or reason to combine, but other
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`times the nexus linking two or more prior art references is simple common sense. I
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`further understand that obviousness analysis recognizes that market demand, rather
`
`than scientific literature, often drives innovation, and that a motivation to combine
`
`references may be supplied by the direction of the marketplace.
`
`23.
`
`I understand that if a technique has been used to improve one device,
`
`and a person of ordinary skill in the art would recognize that it would improve sim-
`
`ilar devices in the same way, using the technique is obvious unless its actual appli-
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`cation is beyond his or her skill.
`
`24.
`
`I also understand that practical and common sense considerations
`
`should guide a proper obviousness analysis, because familiar items may have obvi-
`
`ous uses beyond their primary purposes. I further understand that a person of ordi-
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`nary skill in the art looking to overcome a problem will often be able to fit together
`
`the teachings of multiple publications. I understand that obviousness analysis there-
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`fore takes into account the inferences and creative steps that a person of ordinary
`
`skill in the art would employ under the circumstances.
`
`25.
`
`I understand that a particular combination may be proven obvious
`
`merely by showing that it was obvious to try the combination. For example, when
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`16
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`there is a design need or market pressure to solve a problem and there are a finite
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`number of identified, predictable solutions, a person of ordinary skill has good rea-
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`sons to pursue the known options within his or her technical grasp because the result
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`is likely the product not of innovation but of ordinary skill and common sense.
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`26. The combination of familiar elements according to known methods is
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`likely to be obvious when it does no more than yield predictable results. When a
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`work is available in one field of endeavor, design incentives and other market forces
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`can prompt variations of it, either in the same field or a different one. If a person of
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`ordinary skill can implement a predictable variation, the patent claim is likely obvi-
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`ous.
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`27.
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`It is further my understanding that a proper obviousness analysis fo-
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`cuses on what was known or obvious to a person of ordinary skill in the art, not just
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`the patentee. Accordingly, I understand that any need or problem known in the field
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`of endeavor at the time of invention and addressed by the patent can provide a reason
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`for combining the elements in the manner claimed.
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`28.
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`I understand that a claim can be obvious in light of a single reference,
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`without the need to combine references, if the elements of the claim that are not
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`found explicitly or inherently in the reference can be supplied by the common sense
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`of one of skill in the art.
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`29.
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`I understand that secondary indicia of non-obviousness may include (1)
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`a long felt but unmet need in the prior art that was satisfied by the invention of the
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`patent; (2) commercial success of processes covered by the patent; (3) unexpected
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`results achieved by the invention; (4) praise of the invention by others skilled in the
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`art; (5) taking of licenses under the patent by others; (6) deliberate copying of the
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`invention; (7) failure of others to find a solution to the long felt need; and (8) skep-
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`ticism by experts. I understand that evidence of secondary indicia of non-obvious-
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`ness, if available, should be considered as part of the obviousness analysis.
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`30.
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`I also understand that there must be a relationship between any such
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`secondary considerations and the invention. I further understand that contempora-
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`neous and independent invention by others is a secondary consideration supporting
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`an obviousness determination.
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`31.
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`In sum, my understanding is that prior art teachings are properly com-
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`bined where a person of ordinary skill in the art having the understanding and
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`knowledge reflected in the prior art and motivated by the general problem facing the
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`inventor, would have been led to make the combination of elements recited in the
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`claims. Under this analysis, the prior art references themselves, or any need or prob-
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`lem known in the field of endeavor at the time of the invention, can provide a reason
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`for combining the elements of multiple prior art references in the claimed manner.
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`32.
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`I understand that obviousness in an inter partes review must be shown
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`by a preponderance of the evidence.
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` My Understanding of Claim Construction
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`33.
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`I understand that, during an inter partes review, claims are to be given
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`their broadest reasonable construction in light of the specification as would be read
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`by a person of ordinary skill in the relevant art at the time of invention. For the
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`purpose of this proceeding, I have used November 28, 2005 as the approximate time
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`of the invention.1
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`V. Level of Ordinary Skill in the Art
`34. A person of ordinary skill in the art at or before the time of the invention
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`of the ’916 patent2 (“POSA”) would have had a Master’s of Science Degree in an
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`academic area emphasizing Electrical Engineering, Physics, Computer Engineering,
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`1 The ’916 patent claims priority to three Korean applications, the earliest of
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`which was filed on November 28, 2005. I have been asked to use this as the inven-
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`tion date without acquiescence as to whether or not the ’916 patent is actually enti-
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`tled to this priority date.
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`2 Unless noted otherwise, references herein to what would have been known
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`or understood by a POSA refers to the knowledge of a POSA at or before the time
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`of the purported invention of the ’916 patent.
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`or an equivalent field (or a similar technical Master’s Degree, or higher degree) with
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