Yamagami preliminary motion 1 where Yamagami argued that Harari lacked written description
support for Harari claims 63 and 64. However, as is evident from our seven page discussion
addressing Yamagami’s written description arguments, the panel did consider Yamagami’s
arguments and the evidence that Yamagami directed us to in support of its arguments.
Yamagami, as the requestor for reconsideration of our decision on preliminary motions, must
demonstrate how we specifically misapprehended or overlooked an argument made, or evidence
relied upon in support of an argument. A general argument such as that made by Yamagami
does not provide a basis upon which relief will be granted.
Yamagami argues that there is insufficient detailed description of how to make or use the
controller 31 to perform the claimed conversion with respect to sector remapping (Recon. 3-4).
Yamagami argues that it set forth this point in its preliminary motion through certain Material
Facts, in its argument section of the motion, in certain paragraphs of the Kimura declaration, and
in its reply 12 (Recon. 3-4). We find no such argument made by Yamagami in the argument
section of its preliminary motion 1. To the extent that Yamagami now directs us to statements of
facts in Yamagami preliminary motion 1 and passages in the Kimura declaration in support of
the new argument, it is too late. We note that in the argument section of Yamagami preliminary
motion 1, there is not a single citation to the Kimura declaration, or to any statement of fact. It is
not the role of the board to play detective with a party’s evidence or statements of facts and come
up with an argument for the party. That is the role of counsel, not judge. Yamagami should
have directed our attention to any statements of facts or to paragraphs of the Kimura declaration
2 In its request for reconsideration, Yamagami argues that it raised the issue on “page 5,
line 29 thru page 7.” (Recon. 4). We assume that Yamagami is referring to its reply 1, since the
reply 1 matches the description given by Yamagami.
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