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Full text of "USPTO Patents Application 09870801"

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Exhibit E 

Microsoft's Statement of Reservations 

Microsoft provides its attached claim construction for each of the 12 "Mini- 
Markman " claims, subject to the limitations and reservations of rights set forth herein. 

Claim Invalidity: Microsoft does not waive any defenses that the asserted claims 
fail to satisfy the provisions of 35 U.S.C. ยง 1 12, including, for example, the written 
description requirement, the definiteness requirement, or any other requirement for 
patentability. Microsoft does not concede that the asserted claims are supported by 
Plaintiffs original "big book" application or any application from which they purportedly 
claim priority. By offering a construction of a term, Microsoft does not waive any 
defense that the claim is indefinite and there can be no proper construction. 

Continuing Discovery: Microsoft reserves the right to modify its claim 
constructions in light of ongoing claim construction discovery. Microsoft reserves the 
right to modify or supplement its cited extrinsic evidence in light of information which is 
provided in continuing claim construction discovery, or information which has already 
been provided but too recently, or in too high a volume, or in other manner inhibiting its 
full review, such as InterTrust's re-production of over 1,000,000 pages on November 4, 
2002. 

Intrinsic Evidence: For the purposes of submission of this claim construction 
only, Microsoft treats the "intrinsic" evidence as including: 1) the specifications of each 
of the seven U.S. patents at issue in the "Mini- Markman " proceeding, including any 
material purportedly incorporated by reference therein; 2) the prosecution history of each 
of the seven patents at issue, including the applications and prosecution history of the 
seven patents and any related patent applications, including without limitation, 
applications purportedly incorporated by reference or to which an application claimed 
priority; and 3) all references cited in the prosecution of any such applications. 


Microsoft does so without waiving the right to contest whether some of this information 
is or is not properly part of the intrinsic evidence.