Apple, Inc. v. Motorola, Inc. et al

Filing 92

Declaration of Christine Saunders Haskett filed by Plaintiffs Apple, Inc., NEXT SOFTWARE, INC. re: 90 Motion Requesting Claims Construction (Attachments: # 1 Ex. 1 Moto Infring. Cont. Ex. A, # 2 Ex. 2 '157 patent, # 3 Ex. 3 '179 patent, # 4 Ex. 4 '329 patent, # 5 Ex. 5 '230 file history, # 6 Ex. 6 Oxford dictionary definition, # 7 Ex. 7 '559 file history, # 8 Ex. 8 The OSI Model, # 9 Ex. 9 ISO Standard, # 10 Ex. 10 Japanese file history, # 11 Ex. 11 Japanese prosecution appeal, # 12 Ex. 13 Moto Infring. Cont. Ex. E, # 13 Ex. 14 IEEE Standard, # 14 Ex. 15 '333 patent, # 15 Ex. 16 '721 file history, # 16 Ex. 17 '193 file history, # 17 Ex. 18 Moto Infring. Cont. Ex. F, # 18 Ex. 19 Merriam Webster Dictionary, # 19 Ex. 20 Webster's Dictionary) (Haslam, Robert)

EXHIBIT 6

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From the second edition (1989):

extract, v.
(ɛkˈstrækt) [f. L. extract- ppl. stem of extrahĕre, f. ex- out + trahĕre to draw.
Cf. Fr. extraire.]
To draw out.
1. trans. In general sense: ‘To draw out of any containing body or
cavity’ (J.).
Now only with some notion of one or other of the more specific senses.

1570 LEVINS Manip. 6/25 To Extract, extrahere. 1603 SHAKES. Meas. for M.
iii. ii. 50 Is there none of Pigmalions Images‥to bee had now, for putting the
hand in the pocket, and extracting [it] clutch'd? 1684 T. BURNET Th. Earth I.
vii. 83 If these waters were any way extracted and laid upon the surface of the
ground, nothing would be gain'd as to the Deluge by that.

2. ‘To take from something of which the thing taken was a part’ (J.).
1634 SIR T. HERBERT Trav. 56 They had whole mountaines of excellent blacke
marble‥out of which the Imperiall Palace was extracted and cut out. 1667
MILTON P.L. viii. 497 I now see‥my self Before me; Woman is her Name, of
Man Extracted. 1818 CRUISE Digest (ed. 2) III. 258 Freeholders; whose estates
were afterwards extracted out of the demesnes of the manor.

b. esp. To copy out (a passage in a book, etc.); also, to make extracts from (a
book).
1607 TOPSELL Four-f. Beasts (1673) 266 Finding nothing of substance in him
[Gesner] which is not‥extracted‥by them. 1724 SWIFT Drapier's Lett. iv, I
have thought it proper to extract out of that Pamphlet a few of these notorious

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Falsehoods. 1798 FERRIAR Illustr. Sterne ii. 43, I extract the following
passages as specimens. 1838–9 HALLAM Hist. Lit. I. iii. i. §8. 149 The treatise
was‥abridged, extracted and even turned into verse. 1855 BAIN Senses & Int.
ii. iv. §13 It will be convenient to extract entire the section devoted to this
subject.

c. Sc. Law. To take out a copy of (a recorded judgement) with a view to
execution. Also †to extract forth. Cf. ESTREAT v.
1597 Sc. Acts Jas. VI, 177b, Collected‥and extracted foorth of the Bukes and
Register of the Actes of Parliament. 1606 [see EXTRACT n. 5b]. 1681 S. COLVIL
Whigs Supplic. (1751) 94 He forg'd records, and them enacted To bear false
witness, when extracted. 1752 J. LOUTHIAN Form of Process App. (ed. 2) 266
The Expence of extracting the Protestation. 1837 LOCKHART Scott xx, The
subalterns, who‥recorded and extracted the decrees of the Supreme Court.
1868 Act 31–32 Vict. c. 100 §57 Notwithstanding that the Interlocutor of the
Lord Ordinary may have been extracted and put to Execution.
absol. 1751 Act Sederunt 4 Jan. heading, Prohibition by the Lords against
Agents to extract, or Extractors to agent.

3. To get out (the contents of anything) by force, effort, or contrivance; to
take out (anything embedded or firmly fixed). Often with reference to surgical
operations, dentistry, and the like.
1628 WITHER Brit. Rememb. 219 Upon Argeir we had a faire designe That
much extracted from our silver mine. 1695 WOODWARD Nat. Hist. Earth iv.
(1723) 215 The‥mineral Matter‥is‥so diffused‥amongst the crasser
matter‥that 'twould never be possible to separate and extract it. 1732
ARBUTHNOT Rules of Diet 428 The Stone in the Bladder is‥a mortal Disease, if
not extracted. 1767 GOOCH Treat. Wounds I. 210 After many fruitless attempts
to extract an arrow. 1794 S. WILLIAMS Vermont 190 One of these customs, was
that of extracting their beards by the roots. 1807–26 S. COOPER First Lines
Surgery (ed. 5) 158 Army surgeons‥always‥extract the ball as soon as
possible. 1834 MEDWIN Angler in Wales II. 112 One of the best‥anglers in
England‥had only been able to extract three of its inhabitants. 1841 LANE
Arab. Nts. I. 80 He took out a knife, and picked at the lead until he extracted it
from the bottle. 1878 L. P. MEREDITH Teeth 127 Fractures in attempts to
extract teeth, often expose the pulp.

b. fig.; esp. to draw forth (a confession, money, etc.) against a person's will.
1599 NASHE Lenten Stuffe Wks. 1883–4 V. 297 And there [by torture] eyther
tear him limbe from limbe, but hee will extract some capitall confession from
him. 1670 MARVELL Corr. cl. Wks. 1872–5 II. 328, I had writ sooner could I
have extracted out of Sir Philip‥anything which I thought materiall. 1765 H.
WALPOLE Otranto v. (1798) 78 He used every insinuating‥argument to extract
her consent. 1825 HONE Every-day Bk. I. 1116 He had extracted the last
extractable halfpenny. 1833 H. MARTINEAU Three Ages iii. 93 Nothing could be
extracted from him relative to his former associates. 1860 TYNDALL Glac. i. xvi.
108, I‥tried to extract some direct encouragement from him.

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4. To obtain (constituent elements, juices, etc.) from a thing or substance by
suction, pressure, distillation, or any chemical or mechanical operation. Said
both of personal and material agents. †Also intr. for refl. (obs. rare).
1594 PLAT Jewell-ho., Chem. Concl. 3 The maner of drawing, or extracting of
the oiles out of hearbes. 1626 BACON Sylva §645 Out of the Ashes of all Plants
they extract a Salt, which they vse in Medicines. 1641 FRENCH Distill. i. (1651)
33 Let the Spirit extract in digestion till no more feces fall to the bottom. 1667
MILTON P.L. v. 25 How the Bee Sits on the Bloom extracting liquid sweet. 1799
G. SMITH Laborat. I. 97 Distil them with water‥till all the spirits are extracted.
1816 J. SMITH Panorama Sc. & Art II. 444 Filter the liquor, wash the sediment
with water, till it ceases to extract any thing. 1853 A. SOYER Pantroph. 131
When the cook wanted to extract the salt, he first boiled the meat well in milk.
1875 Ure's Dict. Arts III. 1146 The skins being present, the wine which is in
process of formation extracts tannic acid from the skins.
absol. 1651 BIGGS New Disp.
introduc'd by Neotericks.

79 You labour‥in extracting after the manner

b. fig.; esp. to obtain (comfort, pleasure, happiness) from a specified source;
also, to draw out (the sense of anything); to deduce (a doctrine, principle,
right, etc.).
1596 DAVIES Orchestra ciii, He [Love] first extracted from th' earth-mingled
mind That heau'nly fire, or quint~essence diuine. 1599 SHAKES. Hen. V, ii. ii.
101 May it be possible, that forraigne hyer Could out of thee extract one sparke
of euill? 1719 YOUNG Busiris iv. i, To see us act like prudent men, And out of ills
extract our happiness. 1775 JOHNSON Tax. no Tyr. 44 No general right can be
extracted from them [the charters]. 1796 MORSE Amer. Geog. I. 317 note, In
whatever situation he was placed he [Franklin] extracted something useful for
himself or others. 1863 GEO. ELIOT Romola i. iii, [He] means to extract the
utmost possible amount of pleasure‥out of this life. 1890 LD. ESHER in Law
Times Rep. LXIII. 693/2 It is sought by this defendant to extract from that case
this doctrine, that, etc.

5. Math. to extract the root of a number or quantity: to obtain the root by a
mathematical process. Also †to extract (a quantity): to find the root of.
1571 DIGGES Pantom. ii. xxii. Pij, From the quotient thereof‥extracte the
quadrate roote. 1676 GLANVILL Ess. iii. 13 The Method of Extracting Roots in
the most numerous Æquations. 1751 CHAMBERS Cycl. s.v. Extraction, To
extract the root out of a given power, is the same thing as, etc. 1827 HUTTON
Course Math. I. 86 Mixed numbers may be‥extracted by the first or second
rule. Ibid. I. 89 Extract the cube root of 571482·19.

6. Occasional uses after Lat. or Fr.

†a. To take away, withdraw. Obs.

a1572 KNOX Hist. Ref. Wks. 1846 I. 60 O Lorde, I have bene wicked, and
justlie may thow extract thy grace from me. Ibid. 333 By your faynting, and by
extracting of your support, the enimeis ar incoraged.

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†b. Only in pass.: To be derived or descended. Const. from, of. Obs. Cf.
EXTRACTION 5.
c1489 CAXTON Blanchardyn xxi. 71 He is a man come of a grete house and
extracted of hyghe parentage. 1577–87 HOLINSHED Chron. I. 95/1 Of the first,
the kings of Kent were lineallie extracted. 1605 CAMDEN Rem. 13 This English
tongue extracted out of the olde German‥is mixed. 1647 CLARENDON Hist.
Reb. i. (1843) 5/1 The enriching a private family (how well soever originally
extracted). 1678 WANLEY Wond. Lit. World v. ii. §70. 471/2 Michael the
eighth‥extracted from the Comnenian Emperours.

†c. To ‘derive’, affirm to be derived from a specified origin. Obs.
1634 W. TIRWHYT tr. Balzac's Lett. 341 It‥angers me, that out of the poorest
part of Rhetoricke received among the ancients, they will needes extract all
ours.

Oxford English Dictionary, second edition (1989).
© Oxford University Press 1989.

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