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Authored by: PolR on Tuesday, May 15 2012 @ 01:51 PM EDT |
I had the same idea as tknarr too. What stopped me is that this understanding of
symbolic reference refers to the assembly language source code. These symbolic
references are never embedded inline into the running executable code or byte
code. So these cannot be the symbolic references mentioned in the patent.
The unanswered question is how does a symbolic reference embedded into otherwise
executable and running code look like? This is the key question to understand
what is claimed by a patent. Are the symbols required to be inlined into the
executable code? Is a pointer to the symbol allowed? What is allowed at the
other end of the pointer? Can we use offsets to get to the symbols? I am afraid
the patent doesn't answer any of this. The court must make up its answer when
defining the claim construction. And then the experts may make up their own
answers when interpreting the claim construction. And finally the jury will have
to interpret everyone's construction without having the technical skills
required to make sense of the evidence. This whole process is sick.
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