And that's really the essence of the claim is this notion of writing contents from memory to a storage device before an operating system is active, because in that case the resources are limited.
JUDGE LEE: Mr. Summerfield, just to make sure I understand you, so your position is that the claim requires Case IPR2015-01140 Patent 6,519,659 that the writing be independent of any and all post-boot application programs.
If the RAM has instruction sequences on it and it has a storage element on it, namely the backup BIOS being Case IPR2015-01140 Patent 6,519,659 transferred, yes, it came from somewhere else originally, but why does that matter with respect to the claim?
Finally, with Christeson we heard -- JUDGE LEE: Before you move on from Noll, Mr. Ganti, does the secondary BIOS ROM contain instruction sequences as that term is used in the claims of the '659 patent?
When a CMOS RAM device fails it is because the battery can run out, but it is still characterized as non- volatile storage, and for that reason it does persistently store data for its intended purpose.