Anascape, Ltd v. Microsoft Corp. et al

Filing 79

BRIEF filed JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT by Anascape, Ltd. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Baxter, Samuel)

A

nascape, Ltd v. Microsoft Corp. et al

EXHIBIT B
U.S. PATENT NO. 5,999,084
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive variable-conductance analog sensor Claims 5-6 ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. MICROSOFT'S PROPOSED CONSTRUCTION1,2 3 A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic Evidence: Intrinsic evidence for similar terms or constructions in other related patents in suit. `084 Patent: Abstract; 1:8-11; 2:13-17; 2:50-57; 3:62-4:3; 4:62-67;
1

While specific intrinsic evidence is being identified in support of the proposed claim constructions herein, Microsoft reserves the right to rely on the teachings of the specification and prosecution history as a whole in order to construe the disputed terms. Thus, by listing certain intrinsic evidence herein Microsoft is not suggesting that other parts of the specification (such as the entire background and summary of the invention) and prosecution history are not relevant to the proper construction of the disputed terms. Microsoft reserves the right to rely on any other part or all of the specification and prosecution history of the patent at issue or related patents or applications.

For this and the other asserted patents, Microsoft incorporates by reference all intrinsic and extrinsic evidence identified for similar or related terms having similar or related constructions whether in the patent at issue or in another asserted patent.
3

2

For this and the other asserted patents, all figures referenced or discussed in the cited portions of the specification or prosecution history are incorporated by reference to the extent they are not expressly identified.
Doc. 79 Att. 2

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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION1,2 3 6:32-37; 6:43-51; 6:52-67; 7:1-39; 8:17-26; 9:7-11; 10:32-33; 10:53-59; 11:4-10; 11:17-24; 11:34-39; 11:4447; 11:48-53; Figs. 3-13 `084 Patent File History: Paper 3, e.g., pp. 2-3; Paper 4, e.g., pp. 2-4; Paper 5, e.g., pp. 2-3; Paper 6; Paper 7, e.g., pp. 2-3 U.S. Pat. 3,806,471 (Mitchell) U.S. Pat. 5,510,812 (O'Mara) U.S. Pat. 5,563,415 (Armstrong) Extrinsic Evidence: Extrinsic and intrinsic evidence for "pressure-sensitive variable-conductance sensor" in the `802 Patent and for similar terms or constructions in other patents in suit. U.S. Pat. 6,102,802 (Armstrong) U.S. Pat. No. 6,343,991 (Armstrong) U.S. Pat. 6,135,886 (Armstrong) U.S. Pat. 6,347,997 (Armstrong) U.S. Pat. 6,208,271 (Armstrong) U.S. Pat. 6,400,303 (Armstrong) `991 Patent File History: Paper 8, e.g., pp. 3-4, 20-21 `802 Patent File History: Paper 3, e.g., pp. 1-6; Paper 4, e.g., pp. 2-4; Paper 6, e.g., pp. 7-9, 15-20 pressure-sensitive analog variableconductance sensor Claim 11 No construction is necessary. A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the Page B.2
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION1,2 3 material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic and Extrinsic Evidence: Same as for "pressure-sensitive variable-conductance analog sensor" above. pressure-sensitive variable-conductance material Claims 5-6, 11 a conductive element that provides for variable electrical flow dependent upon the applied force _________ See, e.g., '084 patent at Abstract, 1:5-4:7; 6:32-12:33 and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 3-4, July 29, 1999 Interview Summary; '802 patent at Abstract, 1:16-4:58, 5:4710:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21; '886 patent at Abstract, 1:12-5:17, 6:1-8:44, 9:30-10:15 and accompanying figures; '271 patent at Abstract, 3:59-9:13, 10:59-11:48, 12:16-19:32 and accompanying figures (and corresponding disclosure in the '303 patent); '997 patent at Abstract,7:30-64, 9:65-10:56 and accompanying figures; '525 patent at 6:50-64, 8:35-49, 28:16-30:21, 31:47-32:25 and accompanying figures. snap-through able to bow downward with a user discernible snap or Material that has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. This does not include material utilizing a microprotrusion surface area effect. In such material, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic and Extrinsic Evidence: Same as for "pressure-sensitive variable-conductance analog sensor" above.

As the dome cap is actuated by the user of the device, the dome cap's mechanical resistance to the actuation Page B.3

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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE Claims 5-6 ANASCAPE'S PROPOSED CONSTRUCTION click _________ See, e.g.,'084 patent at Abstract, 1:22-2:7, 5:44-6:67, 9:60-10:12, and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 2-3, June 19, 1999 Office Action. MICROSOFT'S PROPOSED CONSTRUCTION1,2 3 first increases and then decreases, which provides a change in force to the user of the device. Intrinsic Evidence: `084 Patent: Abstract; 1:57-67; 5:54-6:2; 6:37-46; 8:51-9:1; 9:44-46; 11:13-17; 11:62-64 U.S. Pat. 6,351,205 (Armstrong) U.S. Pat. 6,563,415 (Armstrong) Extrinsic Evidence: Extrinsic and intrinsic evidence for "break-over threshold tactile feedback" in the `997 Patent and for similar terms or constructions in other patents in suit. U.S. Pat. 6,344,791 (Armstrong) Standard Test Method for Determining the Tactile Ratio of a Membrane Switch, ASTM Standard F 1570 ­ 94, printed in ASTM Standards Related to Membrane Switches (1998) ASTM Standard F 1682 ­ 96 = Standard Test Method for Determining Travel of a Membrane Switch, ASTM Standard F 1682 ­ 96, printed in ASTM Standards Related to Membrane Switches (1998). John R. Mason, Switch Engineering Handbook (McGraw Hill 1993): 1.48-1.49; 9.2; 11.1-11.17; 11.29 actuator Claims 5-6, 11 a structure accessible for depression by a human finger or thumb _________ See, e.g.,'084 patent at Abstract, 1:22-2:7, 2:50-61, 5:186:11, 6:32-51, 9:1-24, 10:12-11:3 and accompanying A device or part that transfers mechanical motion from one object to another. Intrinsic Evidence: `084 Patent: Abstract; 1:22-34; 1:50-57; 2:3-7; 5:18-22; 5:26-31; Page B.4
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION figures. MICROSOFT'S PROPOSED CONSTRUCTION1,2 3 5:46-50; 6:9-11; 6:37-47; 8:37-26; 8:51-57; 9:1-7; 9:3751; 10:13-17; 10:19-31; 10:46-48; 11:13-15; 12:11-16 `415 Patent File History: Paper 8, e.g., pp. 4-10; Paper 1, e.g., pp. 24-28 U.S. Patent No. 6,563,415 Extrinsic Evidence: IBM Dictionary of Computing 11 (10th ed. 1993) U.S. Pat. RE 34,095 (Padula)

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EXHIBIT B
U.S. PATENT NO. 6,102,802
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive variable-conductance sensor Claims 1-4, 16-18 ANASCAPE'S PROPOSED CONSTRUCTION an electricity manipulating device for varying electrical output proportional to varying physical force _________ See, e.g., '084 patent at Abstract, 1:5-4:7; 6:32-12:33 and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 3-4, July 29, 1999 Interview Summary; '802 patent at Abstract, 1:16-4:58, 5:4710:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21; '886 patent at Abstract, 1:12-5:17, 6:1-8:44, 9:30-10:15 and accompanying figures; '271 patent at Abstract, 3:59-9:13, 10:59-11:48, 12:16-19:32 and accompanying figures (and corresponding disclosure in the '303 patent); '997 patent at Abstract,7:30-64, 9:65-10:56 and accompanying figures; '525 patent at 6:50-64, 8:35-49, 28:16-30:21, 31:47-32:25 and accompanying figures. MICROSOFT'S PROPOSED CONSTRUCTION A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic Evidence: `802 Patent: 1:9-14; 2:55-58; 2:64-3:5; Figs. 3, 5, 7, 8, 9; 5:9-14; 5:18-21; 5:24-29; 5:29-30; 5:62-6:5; 6:6-48; 6:49-65; 6:66-7:21; 7:22-36; 7:61-8:32; 8:36-9:12; 9:13-30; 9:31-44; 9:45-10:24; 10:25-11:25; 11:26-39 `991 Patent File History: Paper 8, e.g., pp. 3-4, 20-21 `802 Patent File History: Paper 3, e.g., pp. 1-6; Paper 4, e.g., pp. 2-4; Paper 6, e.g., pp. 7-9, 15-20 U.S. Pat. 3,806,471 (Mitchell) U.S. Pat. 5,510,812 (O'Mara); U.S. Pat. 5,999,084 (Armstrong) Extrinsic Evidence: Eventoff, U.S. Pat. No. 4,489,302 Page B.6
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Eventoff, U.S. Pat. No. 4,315,238 Yaniger, U.S. Pat. No. 5,296,837 Furukawa, Japanese Publication H5-87760 Furukawa, Japanese Publication H05-326217 Waigand, U.S. Pat. 4,419,653 pressure-sensitive variable-conductance material pressure sensitive variable-conductance material means Claims 1, 7, 10 See '084 patent, "pressure-sensitive variableconductance material" above. Material that has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. This does not include material utilizing a microprotrusion surface area effect. In such material, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor" depressing at least one of said individual buttons with varying degrees of pressure for manipulating imagery in proportion to the degree of depressive pressure Claims 12-13 No construction is necessary. However, should the Court construe this term: depressing at least one of the depressible individual buttons with varying force in order to control or change the imagery in proportion to the force applied _________ See, e.g., '802 patent at 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures; '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. depressing said depressible individual No construction is necessary. However, should the The button that includes a pressure-sensitive variablePage B.7
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The button that includes a pressure-sensitive variableconductance sensor. Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE button with varying degrees of pressure for varying the action intensity of the imagery proportional to the degree of depressive pressure Claims 14-15 ANASCAPE'S PROPOSED CONSTRUCTION Court construe this term: depressing at least one of the depressible individual buttons with varying force in order to choose the action intensity of the imagery in proportion to the force applied _________ See, e.g., '802 patent at 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures; '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. means for outputting a signal to an image generation machine, said signal at least representational of said analog electrical outputs means for outputting to an image generation machine a signal at least representational of said analog electrical output Claims 1, 5, 9, 16 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting a signal to an image generation machine that is at least representational of the analog output The parties disagree with respect to the structure. Anascape contends that the structure is: active electronics, and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting a signal to an image generation machine that is at least representational of the analog output The parties disagree with respect to the structure. Microsoft contends that: The `802 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `802 patent as disclosing any structure for performing this function. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an analog output proportional to varying applied physical pressure The parties disagree with respect to the structure. Microsoft contends that: Page B.8
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MICROSOFT'S PROPOSED CONSTRUCTION conductance sensor. Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

means for creating an analog electrical output proportional to varying applied physical pressure means for creating an analog electrical output proportional to varying physical pressure applied Claims 5, 7, 9, 10

Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an analog output proportional to varying applied physical pressure The parties disagree with respect to the structure. Anascape contends that the structure is:

EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION a dome-cap with a convexed inner surface and conductive material able to contact circuit traces, and equivalents thereof _________ See, e.g., '802 patent at 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures; '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. MICROSOFT'S PROPOSED CONSTRUCTION The `802 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `802 patent as disclosing any structure for performing this function.

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EXHIBIT B
U.S. PATENT NO. 6,135,886

CLAIM TERM, PHRASE, OR CLAUSE analog sensing circuit Claim 7

ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary.

MICROSOFT'S PROPOSED CONSTRUCTION An electrical circuit that includes a variable-conductance sensor and circuitry for reading the sensor. Intrinsic Evidence: `886 Patent: Abstract; 2:39-48; 5:24-28; 5:36-39; 5:58-62; 6:52-7:23; 7:48-55; 8:45-55; 10:16-12:35; 12:53-14:62; Figures 2, 4, and 7 Extrinsic Evidence: U.S. Pat 5,999,084 (Armstrong) `084 Patent File History: Paper 3, e.g., pp. 2-3; Paper 4, e.g., pp. 2-4; Paper 5, e.g., pp. 2-3; Paper 6; Paper 7, e.g., pp. 2-3

variable-conductance sensor Claim 7

an electricity manipulating device for producing a varying electrical output _________ See, e.g., '886 patent at Abstract, 1:12-5:17, 6:1-8:44, 9:30-10:15 and accompanying figures.

A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases.

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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Intrinsic Evidence: Intrinsic evidence cited for "pressure-sensitive variableconductance sensor" in the `802 Patent and for similar terms or constructions in other related patents in suit. `886 Patent: Abstract; 1:35-41; 2:16-62; 3:9-23; 7:31-45; 9:30-10:15; 11:49-56; Figs. 1, 3, 5, & 6 `886 Prosecution History: Paper 3, e.g., p. 2 U.S. Pat. 3,806,471 (Mitchell) U.S. Pat. 5,510,812 (O'Mara) U.S. Pat. 5,999,084 (Armstrong) U.S. Pat. 6,102,802 (Armstrong) U.S. Pat. 6,343,991 (Armstrong) U.S. Pat. 6,347,997 (Armstrong) Extrinsic Evidence: Extrinsic evidence cited for "pressure-sensitive variableconductance sensor" in the `802 Patent, "pressuresensitive variable-conductance analog sensor" in the `084 Patent, and for similar terms or constructions in other patents in suit. U.S. Pat. 6,208,271 (Armstrong) U.S. Pat. 6,400,303 (Armstrong) `084 Patent File History: Paper 3, e.g., pp. 2-3; Paper 4, e.g., pp. 2-4; Paper 5, e.g., pp. 2-3; Paper 6; Paper 7, e.g., pp. 2-3 pressure-sensitive variable-conductance material Claim 7 See '802 patent, "pressure-sensitive variableconductance sensor" above. Material that has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through Page B.11
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION the material. As a result, the conductivity through the sensor increases. This does not include material utilizing a microprotrusion surface area effect. In such material, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic Evidence: Same as for "variable-conductance sensor" above. Extrinsic Evidence: Same as for "variable-conductance sensor" above.

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EXHIBIT B
U.S. PATENT NO. 6,208,271

CLAIM TERM, PHRASE, OR CLAUSE hand-holdable remote controller Claims 11, 13, 16

ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe the term: a wired or wireless device for remotely controlling a host device that can be held in a user's hands _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 10:34-12:15, 19:33-20:15 and accompanying figures.

MICROSOFT'S PROPOSED CONSTRUCTION A control device that is not physically connected to the electronic device that it controls. The control device is designed to be used by a single hand. The control device must operate televisions, cable boxes, satellite boxes, VCRs, and DVD players. Intrinsic Evidence: `271 Patent: Abstract; 1:5-35; 1:47-62; 3:24-58; 5:56; 9:17-20; 10: 38-58; 11:6-23; 11:49-62; 19:33-54; 21:4-16, 31-40; 22:10-21, 36-51; 23:11-22, 36-52; Figs. 1-6, 20 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, e.g., p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Kramer, U.S. Pat. No. 5,164,697, e.g., col. 1 Shimada, U.S. Pat. No. 4,866,542, e.g., Fig. 1 Armstrong, U.S. Pat. No. 5,565,891, e.g., Fig. 9 Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044, Thorne, U.S. Pat. No. 5670955 Tickle, U.S. Pat. No. 5,670,988 Sept. 1998, Internet WWW.cdw.com site advertisement showing descriptions of the "Interlink Electronics" Page B.13

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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION "RemotePoint remote-control mouse". Extrinsic Evidence: "Robert Adler, Zenith Physicist, Dies at 93," New York Times, www.nytimes.com, Feb. 20, 2007. Adler, U.S. Pat. No. 2,817,025 Adler, U.S. Pat. No. 2,923,918 Bell, U.S. Pat. No. 3,390,228 Collins, U.S. Pat. No. 4,377,006 McDonald, U.S. Pat. No. 2,920,604 Am. Heritage, p. 697 an electrical power source Claim 11 No construction is necessary. _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 10:34-12:15, 13:20-14:2, 19:33-20:15, 23:10-24:5 and accompanying figures. A battery contained within the remote controller housing. Intrinsic Evidence: `271 Patent: 1:15-19; 1:24-26; 11:56-61; 12:2-10; 13:31-32; 19:3344; 19:45-53; 21:4-10; 21: 31-36; 22:10-16; 22:3647; 23:11-18; 23:36-44; Figs. 5, block 11, 19, 20, block 68 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, e.g., p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Tickle, U.S. Pat. No. 5,670,988 Armstrong, U.S. Pat. No. 5,565,891, e.g., Fig. 9. block 134; 12:29-36

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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044, Thorne, U.S. Pat. No. 5,670,955 Extrinsic Evidence: Adler, U.S. Pat. No. 2,817,025 Adler, U.S. Pat. No. 2,923,918 Bell, U.S. Pat. No. 3,390,228 Collins, U.S. Pat. No. 4,377,006, 1:10-21; 4:4-11 McDonald, U.S. Pat. No. 2,920,604 means for outputting function-control signals from said housing Claim 11 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). The parties disagree with respect to the function and structure. Anascape contends that the function is: outputting function-control signals from the housing Anascape contends that the structure is: analog-to-digital conversion circuitry and equivalents thereof _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 5:32-56 10:21-12:15, 13:20-14:2, 16:6-30; 19:33-20:15, 20:29-24:5 and accompanying figures, '271 patent file history, Dec. 7, 2000 Communication at 2-6, 11-12. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). The parties disagree with respect to the function and structure. Microsoft contends that the function is: outputting function-control signals from the remote controller housing to the controlled device Microsoft contends that the structure is: An infrared or radio frequency emitter. Intrinsic Evidence: `271 Patent: Fig. 1-2, 4, 8, 9, 20, 21, block 00; 1:28-35; 3:24-31; 5:45-49; 9:37-41; 9:50-52; 11:6-19; 11:56-12:10; 19:33-44; 19:45-53; 19:66-20:5; 21:4-10; 21:31-36; 21:47-53; 22:10-16; 22:28-35; 22:36-47; 23:11-18; 23:36-44; Claim 1 Shimada, U.S. Pat. No. 4,866,542: Abstract; 7:3-16; Fig. 1, block 28; F ig. 13, blocks 24, 26, 27 Armstrong, U.S. Pat. No. 5,565,891: Fig. 9, block 138; 12:29-36 Page B.15
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044 Thorne, U.S. Pat. No. 5670955 Tickle, U.S. Pat. No. 5,670,988 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Extrinsic Evidence: Adler, U.S. Pat. No. 2,817,025 Adler, U.S. Pat. No. 2,923,918: (transmitter 30), Fig. 5 Bell, U.S. Pat. No. 3,390,228 Collins, U.S. Pat. No. 4,377,006, 1:10-21; 4:4-11 McDonald, U.S. Pat. No. 2,920,604 Sze, S.M., Ed., Semiconductor Sensors, Wiley & Sons, 1994, pp. 153-204 Expert testimony explaining that one of ordinary skill in the art would understand that the structure disclosed by the `271 patent for performing this function is an infrared or radio frequency emitter. pressure sensitive variable-conductance analog sensor Claim 11, 13 See '802 patent, "pressure-sensitive variableconductance sensor" above. Same construction as "pressure-sensitive variableconductance sensor" in the `802 Patent. Intrinsic and Extrinsic Evidence: `271 Patent: 4:64 -5:23; 7:42-58; 14:3 ­ 15:26; 16:58 - 17:21; Claim 11 Page B.16
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EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, e.g., p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044 Thorne, U.S. Pat. No. 5,670,955 Tickle, U.S. Pat. No. 5,670,988 See also intrinsic and extrinsic evidence cited for `802 Patent term "pressure-sensitive variable-conductance sensor" means for reading said at least three readable states and for outputting distinct function-control signals for each of at least two states of said at least three readable-states Claim 11 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading at least three readable states, and outputting different function-control signals for each of at least two of those three readable states The parties disagree with respect to the structure. Anascape contends that the structure is: analog-to-digital conversion circuitry and equivalents thereof _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 5:32-56 10:21-12:15, 13:20-14:2, 16:6-30; 19:33-20:15, 20:29-24:5 and accompanying figures, '271 patent file history, Dec. 7, 2000 Communication at 2-6, 11-12. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading at least three readable states, and outputting different function-control signals for each of at least two of those three readable states The parties disagree with respect to the structure. Microsoft contends that the structure is: ADC (analog-to-digital conversion) circuitry 72, circuitry 70, powered by battery 68, and infrared or radio frequency emitter 00. However, the identifications of ADC (analog-to-digital conversion) circuitry 72 and circuitry 70 are insufficient to satisfy 35 U.S.C. § 112, ¶ 6. Intrinsic Evidence: `271 Patent: Page B.17
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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Figs. 1-2, 4, 8, 9, 20, 21, block 00; 1:28-35; 1:47-62; 3:24-31; 5:45-49; 9:37-41; 9:50-52; 11:6-19; 11:5612:10; 19:33-44; 19:45-53; 19:66-20:5; 21:4-10; 21:31-36; 21:47-53; 22:10-16; 22:28-35; 22:36-47; 23:11-18; 23:36-44; Claim 1 Shimada, U.S. Pat. No. 4,866,542: Abstract; Fig. 13, blocks 24, 26, 27; Fig. 1, block 28; 7:3-16 Tickle, U.S. Pat. No. 5,670,988 Armstrong, U.S. Pat. No. 5,565,891: Fig. 9, block 138; 12:29-36 Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044 Thorne, U.S. Pat. No. 5,670,955 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Extrinsic Evidence: Adler, U.S. Pat. No. 2,817,025 Adler, U.S. Pat. No. 2,923,918: (transmitter 30), Fig. 5 Bell, U.S. Pat. No. 3,390,228 Collins, U.S. Pat. No. 4,377,006, 1:10-21; 4:4-11 McDonald, U.S. Pat. No. 2,920,604

Sze, S.M., Ed., Semiconductor Sensors, Wiley & Sons, 1994, pp. 153-204
Expert testimony explaining that one of ordinary skill in Page B.18
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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION the art would understand that the structures disclosed by the `271 patent for performing these functions are ADC (analog-to-digital conversion) circuitry 72, circuitry 70, powered by battery 68, and infrared or radio frequency emitter 00, but that the identifications of ADC (analogto-digital conversion) circuitry 72 and circuitry 70 are insufficient to satisfy 35 U.S.C. § 112, ¶ 6. the user selects any of the selectable pressure levels, of a plurality of selectable pressure levels Claim 11 the user can press the button surface with different amounts of force and thereby select various functioncontrol signals _________ See, e.g., '271 patent at Abstract, 3:59-9:13, 10:5911:48, 12:16-19:32 and accompanying figures; '271 patent file history,'271 patent file history, Dec. 7, 2000 Communication at 2-6, 11-12. A person uses the remote controller by applying one of several selectable pressure levels. Intrinsic Evidence: `271 Patent: 2:56-62; 22:36-51; claim 22 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, e.g., p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Tickle, U.S. Pat. No. 5,670,988 pressure-sensitive variable-conductance material Claim 13 See '084 patent, "pressure-sensitive variableconductance material" above. Same construction as "pressure-sensitive variableconductance material" in the `802 Patent. Intrinsic and Extrinsic Evidence: See intrinsic and extrinsic evidence cited above for "pressure sensitive variable-conductance analog sensor" See also intrinsic and extrinsic evidence cited for `802 Patent term "pressure-sensitive variable-conductance sensor" means for reading said at least nine Anascape and Microsoft agree that this term is governed Anascape and Microsoft agree that this term is governed Page B.19
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CLAIM TERM, PHRASE, OR CLAUSE readable states Claim 16 ANASCAPE'S PROPOSED CONSTRUCTION by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading at least nine readable states The parties disagree with respect to the structure. Anascape contends that the structure is: analog-to-digital conversion circuitry and equivalents thereof _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 5:32-56 10:21-12:15, 13:20-14:2, 16:6-30; 19:33-20:15, 20:29-24:5 and accompanying figures, '271 patent file history, Dec. 7, 2000 Communication at 2-6, 11-12. MICROSOFT'S PROPOSED CONSTRUCTION by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading at least nine readable states The parties disagree with respect to the structure. Microsoft contends that the structure is: ADC (analog-to-digital conversion) circuitry 72. However, the identification of ADC (analog-to-digital conversion) circuitry 72 is insufficient to satisfy 35 U.S.C. § 112, ¶ 6. Intrinsic Evidence: `271 Patent: Figs. 1-2, 4, 8, 9, 20, 21, block 00; 1:28-35; 1:47-62; 3:24-31; 5:45-49; 9:37-41; 9:50-52; 11:6-19; 11:5612:10; 19:33-44; 19:45-53; 19:66-20:5; 21:4-10; 21:31-36; 21:47-53; 22:10-16; 22:28-35; 22:36-47; 23:11-18; 23:36-44; Claim 1 Shimada, U.S. Pat. No. 4,866,542: Abstract; Fig. 13, blocks 24, 26, 27; Fig. 1, block 28; 7:3-16 Tickle, U.S. Pat. No. 5,670,988 Armstrong, U.S. Pat. No. 5,565,891: Fig. 9, block 138; 12:29-36 Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044 Thorne, U.S. Pat. No. 5,670,955 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, p. 1 `303 Patent File History:

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4 Extrinsic Evidence: Adler, U.S. Pat. No. 2,817,025 Adler, U.S. Pat. No. 2,923,918: (transmitter 30), Fig. 5 Expert testimony explaining that one of ordinary skill in the art would understand that the structures disclosed by the `271 patent for performing these functions are ADC (analog-to-digital conversion) circuitry 72, but that the identifications of ADC (analog-to-digital conversion) circuitry 72 are insufficient to satisfy 35 U.S.C. § 112, ¶ 6.

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U.S. PATENT NO. 6,343,991
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive buttons Claims 1, 6 ANASCAPE'S PROPOSED CONSTRUCTION a depressible surface associated with an electricity manipulating device for varying electrical output proportional to varying physical force _________ '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. pressure-sensitive variable-conductance of one of said buttons Claims 11 variable electrical flow produced by a button associated with an electricity manipulating device for varying electrical output proportional to varying physical force _________ '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. pressure-sensitive variable depression Claims 12 variable depressive force of a button associated with an electricity manipulating device for varying electrical output proportional to varying physical force _________ '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. pressure-sensitive variable-conductance See '084 patent, "pressure-sensitive variableMICROSOFT'S PROPOSED CONSTRUCTION A pressure-sensitive button includes a pressure-sensitive variable-conductance sensor. Intrinsic and Extrinsic Evidence: see evidence cited below for term "pressure-sensitive variable-conductance sensor"

The conductivity of a pressure-sensitive variableconductance sensor. Intrinsic and Extrinsic Evidence: see evidence cited below for term "pressure-sensitive variable-conductance sensor"

Pressure applied by a finger to a pressure-sensitive variable-conductance sensor. Intrinsic and Extrinsic Evidence: see evidence cited below for term "pressure-sensitive variable-conductance sensor"

Material that has a conductivity that changes due to a Page B.22

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CLAIM TERM, PHRASE, OR CLAUSE material Claims 12, 29, 31, 50 ANASCAPE'S PROPOSED CONSTRUCTION conductance material" above. MICROSOFT'S PROPOSED CONSTRUCTION volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. This does not include material utilizing a microprotrusion surface area effect. In such material, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic and Extrinsic Evidence: see evidence cited below for term "pressure-sensitive variable-conductance sensor" pressure-sensitive variable-conductance sensor pressure-sensitive analog sensor pressure-sensitive variable-conductance analog sensors Claims 23, 29, 32, 33, 35, 40, 41, 42, 43, 44, 66, 67, 68, 69, 70, 71, 72 See '802 patent, "pressure-sensitive variableconductance sensor" above. A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. Intrinsic Evidence: `991 Patent: Abstract; Figs. 3, 5, 7, 8, 9; 1:15-18; 2:59-62; 2:663:13; 3:15-25; 4:28-30; 4:39-53; 5:13-17; 5:22-25;

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION 5:28-32; 5:33-34; 5:66-6:9; 6:10-20; 6:53-7:2; 7: 925; 7:26-39; 7:65-8:36; 8:40-9:15; 9:16-33; 9:34-47; 9:48-10:27; 10:28-11:28; 11:29-42; 11:42-12:2; `991 Patent File History: Paper 8, e.g., pp. 3-4, 20-21 `802 Patent File History: Paper 3, e.g., pp. 1-6; Paper 4, e.g., pp. 2-4; Paper 6, e.g., pp. 7-9, 15-20 U.S. Pat. 3,806,471 (Mitchell) U.S. Pat. 5,510,812 (O'Mara); U.S. Pat. 5,999,084 (Armstrong) Extrinsic Evidence: Eventoff, U.S. Pat. No. 4,489,302 Eventoff, U.S. Pat. No. 4,315,238 Yaniger, U.S. Pat. No. 5,296,837 Furukawa, Japanese Publication H5-87760 Furukawa, Japanese Publication H05-326217 Waigand, U.S. Pat. 4,419,653 means for creating an analog signal representing varying applied physical pressure Claim 23 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an analog signal representing varying applied physical pressure The parties disagree with respect to the structure. Anascape contends that the structure is: a dome-cap with a convexed inner surface and conductive material able to contact circuit traces and equivalents thereof _________ See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an analog signal representing varying applied physical pressure The parties disagree with respect to the structure. Microsoft contends that: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function. Page B.24
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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. means for creating an on/off signal Claim 23, 24 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an on/off signal The parties disagree with respect to the structure. Anascape contends that the structure is: on/off switch and equivalents thereof _________ See, e.g., '991 patent at Abstract, 1:12-4:62, 5:50-6:9, 9:15-48, 10:27-11:28 and accompanying figures. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an on/off signal The parties disagree with respect to the structure. Microsoft contends that: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function. This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: at least reading the signals of said electricity manipulating devices Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6. This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: reading said at least one of said electricity manipulating devices including means for creating an On/Off signal, exclusively as an On/Off switch MICROSOFT'S PROPOSED CONSTRUCTION

electronics means for at least reading the signals of said electricity manipulating devices Claim 23

This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent).

electronics means further for reading said at least one of said electricity manipulating devices including means for creating an On/Off signal, exclusively as an On/Off switch

This claim term is not governed by 35 U.S.C. §112(6) and should be construed as: At least one of the electricity manipulating device includes means for creating an on/off signal. The electronics also reads this electricity manipulating device

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CLAIM TERM, PHRASE, OR CLAUSE Claim 24 ANASCAPE'S PROPOSED CONSTRUCTION exclusively as an on/off switch However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). electronics means is further for reading at least one of said electricity manipulating devices exclusively as an On/Off switch Claim 28 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). electronics means also is for outputting to a game console information representing the signals Claim 30 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). MICROSOFT'S PROPOSED CONSTRUCTION Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6.

This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: reading at least one of said electricity manipulating devices exclusively as an On/Off switch Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6. This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: outputting to a game console information representing the signals Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6.

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CLAIM TERM, PHRASE, OR CLAUSE conductive material Claim 34, 35, 47, 48, 50 ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe this term: material that conducts electricity _________ '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. active electronic means for interpreting the analog output of said pressuresensitive variable-conductance sensor Claim 35 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). means for creating an On/Off output, and with varied pressure creating an analog output Claim 40 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an On/Off output, and with varied pressure creating an analog output The parties disagree with respect to the structure. Anascape contends that the structure is: a dome-cap with a convexed inner surface and conductive material able to contact circuit traces and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: interpreting the analog output of said pressure-sensitive variable-conductance sensor Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: creating an On/Off output, and with varied pressure creating an analog output The parties disagree with respect to the structure. Microsoft contends that: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that Page B.27
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MICROSOFT'S PROPOSED CONSTRUCTION Pressure-sensitive variable-conductance material Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION _________ See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. active electronics means for at least interpreting the outputs of said pressuresensitive variable-conductance sensor Claim 40 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). flexible material Claim 41 No construction is necessary. However, should the Court construe this term: material that deforms when pressure is applied _________ See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. sheet Claim 44, 46, 47 No construction is necessary. However, should the Court construe this term: thin flat piece of material _________ Limited to circular disks of material adhered to a single dome cap or on top of a single circuit trace. Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance MICROSOFT'S PROPOSED CONSTRUCTION one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function.

This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: at least interpreting the outputs of said pressure-sensitive variable-conductance sensor Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6. Pressure-sensitive variable-conductance material Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. means for reading a signal from said analog sensor Claim 44 Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading a signal from the analog sensor The parties disagree with respect to the structure. Anascape contends that the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). MICROSOFT'S PROPOSED CONSTRUCTION sensor"

Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: reading a signal from the analog sensor The parties disagree with respect to the structure. Microsoft contends that the structure is: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6. Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting information representing the signal The parties disagree with respect to the structure. Microsoft contends that the structure is: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to

means for outputting information representing said signal Claim 44, 51

Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting information representing the signal The parties disagree with respect to the structure. Anascape contends that the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent).

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION satisfy the requirements of 35 U.S.C. § 112, ¶ 6. depressible for creating analog output proportional to varying physical pressure Claim 66 No construction is necessary. However, should the Court construe this term: can be depressed to create an analog electrical output dependent on the applied force _________ See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. said surface with an apex is flexible, deforming with additional physical pressure to flatten and cause additional surface area contact to provide changes in electrical conductivity in said sensor Claim 66 No construction is necessary. However, should the Court construe this term: the surface has an apex that flattens with additional force to increase the amount of surface area contact and, thereby, vary the electrical flow in the sensor _________ See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. active electronics means for interpreting the electrical conductivity of said sensor Claim 66 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof _________ See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: interpreting the electrical conductivity of said sensor Structure: The `991 patent discloses no structure for performing this function. Extrinsic Evidence: Expert testimony explaining that one of ordinary skill in the art would not view the `991 Page B.30
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Applying pressure onto pressure-sensitive variableconductance material Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

The surface with an apex is formed of pressure-sensitive variable-conductance material. Intrinsic and Extrinsic Evidence: see evidence cited above for term "pressure-sensitive variable-conductance sensor"

EXHIBIT B
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION accompanying figures (and corresponding disclosure in the '991 patent). MICROSOFT'S PROPOSED CONSTRUCTION patent as disclosing any structure for performing this function, and that "active electronics" is not sufficient to satisfy the requirements of 35 U.S.C. § 112, ¶ 6.

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U.S. PATENT NO. 6,347,997

CLAIM TERM, PHRASE, OR CLAUSE device for controlling imagery Claims 32

ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary.

MICROSOFT'S PROPOSED CONSTRUCTION A device having an electronic visual display in or on the housing. The device controls images shown on the display. Intrinsic Evidence: `997 Patent: Title; Figs. 1-5, 8-18; 1:34-39; 1:54-60; 1:61-2:3; 2:433; 2:34-46; 2:48-3:44; 5:24-28; 5:49-52; 6:10-15, 33-36; 6:37-39, 59-65; 6:66-67; 7:2-4; 7:14-16, 18-20; 7:65-67; 8:12-16, 26-34; 8:35-41; 8:51-63; 9:11-13, 16-23; 9:31-32, 34-37; 9:41-42, 44-52; 9:60-65; 9:6610:4; 10:17-21; 10:29-40; 10:41-56; 10:57-62; 10:6365; 11:7-8; 11:45-54 `997 Patent File History: Paper 1, e.g., pp. 22-24, 25; Paper 2, e.g., p. 2; Paper 9, e.g., pp. 4, 11-12

pressure-sensitive variable-conductance analog sensor Claims 32

See '802 patent, "pressure-sensitive variableconductance sensor" above.

Same construction as "pressure-sensitive variableconductance sensor" in the `802 Patent. Intrinsic and Extrinsic Evidence: `997 Patent: 3:53-65; 4:14-29; 5:31-43; 7:31-64; 11:21-61 See also intrinsic and extrinsic evidence cited for `802 patent term "pressure-sensitive variable-conductance sensor"

tactile feedback Claims 32, 34, 35, 36

a snap, click, or vibration perceptible by the user _________ See, e.g.,'084 patent at Abstract, 1:22-2:7, 5:44-6:67, 9:60-10:12, and accompanying figures; '084 patent file

A force provided to the user by the device. Intrinsic Evidence: `997 Patent:

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION history, April 30, 1999 Amendment at 2-3, June 19, 1999 Office Action; '997 patent at Abstract, 4:14-29; '886 patent at 1:58-2:62, 4:62-5:13 and accompanying figures; '525 patent at Fig. 21, 14:2-13, 20:18-61, 22:3523:6, 23:39-49, 27:58-29:26,30:22-40, and accompanying figures. MICROSOFT'S PROPOSED CONSTRUCTION Abstract; Figs. 6, 7, 15; 4:14-29 `997 Patent File History: Paper 9, e.g., pp. 20-21 Extrinsic Evidence: `700 Patent: E.g., Abstract; 2:1-6; 5:12-29; 10:65-11:9; 17:16-39; 19:58-20:5; 20:45-47; 21:35-44; 25:10-15; 25:32-36; 26:4-25; 27:31-38 `700 Patent File History: Paper 13, e.g., p. 9; Paper 18 ASTM Standard F 1570 ­ 94 ASTM Standard F 1682 ­ 96 Mason, 11.6-11.7 causing representative varying of imagery Claims 32 causing imagery to vary according to the applied force _________ See, e.g., '997 patent at Abstract, 12:1-16:11. Based on the varied output of the analog sensor, images are varied on the display that is located in or on the device. Intrinsic and Extrinsic Evidence: See intrinsic and extrinsic evidence cited above for term "device for controlling imagery" means for active tactile feedback Claim 34 This claim term is not governed by 35 U.S.C. §112(6) and should be construed as: a motor and offset weight However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: a motor and offset weight and equivalents thereof _________ See, e.g., '997 patent at Abstract, 4:14-29; '525 patent at Fig. 21, 23:39-49 and accompanying figures, '828 patent at Abstract, 1:63-3:34, 9:22-40, 12:4-45 and This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: Providing electro-mechanically created vibration to the user. Structure: The `997 patent discloses no structure for performing this function. Intrinsic Evidence: `997 Patent File History: Paper 9, e.g., pp. 20-21 Extrinsic Evidence:

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION accompanying figures. MICROSOFT'S PROPOSED CONSTRUCTION `700 Patent: E.g., Abstract; 2:1-6; 5:12-29; 20:45-47; 1:35-44 `700 Patent File History: Paper 13, e.g., p. 9; Paper 18 Expert testimony explaining that one of ordinary skill in the art would not view the `997 patent as disclosing any structure for performing this function, and that "active tactile feedback" does not have a well-known meaning to those of skill in the art connotative of structure but instead merely describes a function that might be performed by different types of structures. wherein said means for providing tactile feedback also comprises active tactile feedback Claim 36 This claim term is not governed by 35 U.S.C. §112(6) and should be construed as: wherein the means for providing tactile feedback also comprises a motor and offset weight However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: a dome-cap and a motor and offset weight and equivalents thereof _________ See, e.g., '997 patent at Abstract, 4:14-29; '525 patent at Fig. 21, 23:39-49 and accompanying figures, '828 patent at Abstract, 1:63-3:34, 9:22-40, 12:4-45 and accompanying figures. This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: Providing electro-mechanically created vibration to the user. Structure: The `997 patent discloses no structure for performing this function. Intrinsic Evidence: `997 Patent File History: Paper 9, e.g., pp. 20-21 Extrinsic Evidence: `700 Patent: E.g., Abstract; 2:1-6; 5:12-29; 20:45-47; 1:35-44 `700 Patent File History: Paper 13, e.g., p. 9; Paper 18 Expert testimony explaining that one of ordinary skill in the art would not view the `997 patent as disclosing any structure for performing this function, and that "active tactile feedback" does not have a well-known meaning to those of skill in the art connotative of structure but instead merely describes a function that might be

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION performed by different types of structures. break-over threshold tactile feedback Claim 35 a user discernible snap or click created when the domecap bows downward _________ See, e.g.,'084 patent at Abstract, 1:22-2:7, 5:44-6:67, 9:60-10:12, and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 2-3, June 19, 1999 Office Action; '997 patent at Abstract, 4:14-29; '886 patent at 1:58-2:62, 4:62-5:13 and accompanying figures; '525 patent at 29:5-26 and accompanying figures. As the dome cap is actuated by the user of the device, the dome cap's mechanical resistance to the actuation first increases and then decreases, which provides a change in force to the user. Intrinsic Evidence: `997 Patent: 3:45-4:29 `997 Patent File History: Paper 9, e.g., p. 21 Extrinsic Evidence: `700 Patent: e.g., 17:16-39 ASTM Standard F 1570 ­ 94 ASTM Standard F 1682 ­ 96 Mason, 11.6-11.7

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U.S. PATENT NO. 6,400,303

CLAIM TERM, PHRASE, OR CLAUSE hand-holdable remote controller hand-held controller Claims 5, 6, 18, 19

ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe the term: a wired or wireless device for remotely controlling a host device that can be held in a user's hands _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 10:34-12:15, 19:33-20:15 and accompanying figures (and corresponding disclosure in the '303 patent).

MICROSOFT'S PROPOSED CONSTRUCTION A control device that is not physically connected to the electronic device that it controls. The control device is designed to be used by a single hand. The control device must operate televisions, cable boxes, satellite boxes, VCRs, and DVD players. Intrinsic & Extrinsic Evidence: Same as the evidence listed for "hand-holdable remote controller" in the `271 Patent Having no physical connection between the remote controller and the electronic device it controls. Intrinsic Evidence: `271 Patent:4 Abstract; 1:5-35; 1:47-62; 3:24-58; 5:56; 9:17-20; 10: 38-58; 11:6-23; 11:49-62; 19:33-54; 21:4-16, 31-40; 22:10-21, 36-51; 23:11-22, 36-52; Figs. 1-6, 20 `271 Patent File History: Paper 1, e.g., pp. 48-51; Paper 4, e.g., pp. 4-11; Paper 6, e.g., p. 6; Paper 7, e.g., pp. 2-4, 8; Paper 8; Paper 11, e.g., p. 1 `303 Patent File History: Paper 3, e.g., pp. 1-2; Paper 5, e.g., pp. 2-4

operatively associated with an electronic remote device positioned remotely Claims 5, 6

No construction is necessary. However, should the Court construe the term: able to control a host device located apart from remote controller _________ See, e.g., '271 patent at Abstract, 1:7-2:20, 3:59-4:12, 10:34-12:15, 19:33-20:15 and accompanying figures (and corresponding disclosure in the '303 patent).

4

Because the specification text for the `271 and `303 patents is essentially identical (with the exception that the Abstracts are different), Microsoft will cite to the `271 patent for intrinsic evidence for both the `271 and `303 patents.

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CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION MICROSOFT'S PROPOSED CONSTRUCTION Kramer, U.S. Pat. No. 5,164,697, e.g., col. 1 Shimada, U.S. Pat. No. 4,866,542, e.g., Fig. 1 Armstrong, U.S. Pat. No. 5,565,891, e.g., Fig. 9 Sellers U.S. Pat. No. 5,995,026 Martinelli, U.S. Pat. No. 5,943,044, Thorne, U.S. Pat. No. 5670955 IBM Dict., p. 570 See also any additional evidence listed for "handholda