Full opinion text
CONCLUSIONS OF LAW REGARDING PATENT CLAIM CONSTRUCTION LOWELL A. REED, Jr., Senior District Judge. Ronald A. Katz (“Katz”) is the inventor in a large body of patents dealing with telephonic interactive voice applications. The plaintiffs, Ronald A. Katz Technology Licencing, L.P. and MCI Telecommunications Corporation, filed this patent infringement suit against AT & T Corporation, AT & T Universal Card Services Corporation, and AT & T American Tran-stech, Inc., alleging that the defendants are infringing a number of Katz’s patents. In total, over 400 patent claims are at issue in this lawsuit. Because of the complexity and size of the case, the Court ordered that the parties designate a set of approximately seventeen claims to be construed at a Markman hearing. The plaintiffs designated twenty claims, including Claims 33, 44, 93, 104, 117, and 192 of the 5,561,707 patent (the ’707 patent), Claims 49, 50, 65, 79, 171, and 190 of the 5,684,863 patent (the ’863 patent), Claim 51 of the 5,255,309 patent (the ’309 patent), Claim 15 of the 4,930,150 patent (the 150 patent), Claims 17, 20, 24, and 77 of the 5,351,285 patent (the ’285 patent), and Claims 4 and 15 of the 5,128,984 patent (the ’984 patent). A Markman hearing was held from through June 4, 1999, in which the parties presented expert testimony and oral argument as to the proper construction of the disputed claim language in the twenty claims at issue. The parties also submitted a series of briefs and proposed claim constructions to the Court, all of which were considered by this Court in making the claim constructions that follow. On each claim term to be construed, the parties have submitted many arguments and have pointed to many portions of the intrinsic and extrinsic record in their briefs, in their proposed claim constructions, and in their oral presentations. While the Court has considered all of the arguments and citations of the parties, I may not reiterate all of them in full for each claim term. I. THE LAW OF PATENT CLAIM CONSTRUCTION In general, a patent must describe the scope of the patentee’s invention so as to “secure to [the patentee] all to which he is entitled, [and] to apprise the public of what is still open to them.” Markman v. Westview Instruments, Inc., 517 U.S. 370, 373, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) (internal quotation omitted). This is accomplished through the specification of the patent, which should describe the invention in clear terms so that a person in the art of the patent may make and use the invention, and the claims of the patent, which should “particularly poin[t] out and distinctly clai[m] the subject matter which the applicant regards as his invention.” 35 U.S.C. § 112. In Markman v. Westview Instruments, Inc., the Supreme Court, affirming the Court of Appeals for the Federal Circuit, held that construction of patent claims is exclusively within the province of the court to determine as a matter of law. 517 U.S. at 372, 116 S.Ct. 1384. To complete the task of claim construction, a court may draw on the canons of construction that can be sifted from the decisions of the Court of Appeals for the Federal Circuit spanning before Markman and beyond. In construing the claims of a patent, a court should consider the claim language, the specification, and, if offered, the prosecution history, which are collectively considered intrinsic evidence of the meaning of the claim terms. See Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995). As the public record before the Patent and Trademark Office (“PTO”) upon which the public is entitled to rely, the intrinsic evidence is the most important source for determining the meaning of claim terms. See Vitronics Corporation v. Conceptronic, Inc., 90 F.3d 1576, 1582, 1583 (Fed.Cir.1996). Under some circumstances, a court may also consult evidence extrinsic to the patent, such as technical dictionaries or expert testimony as to how those skilled in the relevant art under consideration would interpret the claims. Id. A. CLAIM LANGUAGE Because the scope of the rights conveyed to the patentee is defined by the claims, claim construction “begins and ends in all cases with the actual words of the claim.” Renishaw PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1248 (Fed.Cir.1998). In construing the terms of a claim, “the focus is on the objective test of what one of ordinary skill in the art at the time of the invention would have understood the term to mean.” Markman, 52 F.3d at 987. “Absent a special and particular definition created by the patent applicant, terms in a claim are to be given their ordinary and accustomed meaning.” Renishaw, 158 F.3d at 1249. Unless otherwise compelled, a court should give full effect to the ordinary meaning of claim terms, even if the terms are broad. See Johnson Worldwide Associates, Inc. v. Zebco Corporation, 175 F.3d 985, 989 (Fed.Cir.1999). “General descriptive terms will ordinarily by given their full meaning; modifiers will not be added to broad terms standing alone.” Id. The specification, the prosecution history, and in some situations the extrinsic evidence may confirm the ordinary meaning of the claim terms or may provide a special meaning for the claim terms. See Renishaw, 158 F.3d at 1248. Thus, once a court has determined the ordinary meaning of the claim terms, it must also consider the specification and prosecution history to determine if the patentee used any terms in a manner inconsistent with their ordinary meaning. See Vitronics, 90 F.3d at 1582. B. SPECIFICATION While terms are generally given their ordinary meaning, “[c]laims must be read in view of the specification, of which they are a part.” Markman, 52 F.3d at 979; see also Phonometrics, Inc. v. Northern Telecom Inc., 133 F.3d 1459, 1466 (Fed.Cir.1998)(“Although claims are not necessarily restricted in scope to what is shown in a preferred embodiment, neither are the specifics of the preferred embodiment irrelevant to the correct meaning of claim limitations.”). The relationship between the claims and the specification is illustrated by the following pair of claim construction canons: “(a) one may not read a limitation into a claim from the written description, but (b) one may look to the written description to define a term already in a claim limitation, for a claim must be read in view of the specification of which it is a part.” Renishaw PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1248 (Fed.Cir.1998). While additional limitations may not be imported into a claim from the specification, a court may construe a limitation specifically recited in a claim in light of the specification. See Phonometrics, Inc. v. Northern Telecom Inc., 133 F.3d 1459, 1466 (Fed.Cir.1998). Thus, in order to inject a definition into a claim from the written description, the claim must explicitly contain a term in need of definition. See Renishaw, 158 F.3d at 1248, 1252 (noting that passages referring to the preferred embodiment cannot be read into the claim without some “hook”). Further, claim terms should not be narrowed by the content of the specification “unless the language of the claims invites reference to those sources.” Johnson Worldwide, 175 F.3d 985, 990 (noting that there “must be a textual reference in the actual language of the claim with which to associate a proffered claim construction”). The Johnson Worldwide court noted two specific situations in which a claim term may be given a definition other than its ordinary meaning: (1) if a patentee chooses to be his or her own lexicographer by explicitly setting forth the definition for a claim term, or (2) if “the terms chosen by the patentee so deprive the claim of clarity that there is no means by which the scope of the claim may be ascertained from the language used.” 175 F.3d at 990. In these situations, reference should be made to the specifications to determine the meaning of the claims. Because a patentee is free to be his own lexicographer, the specifications may serve as dictionary for certain terms in the claims. Markman, 52 F.3d at 979-80. However, in order for a patentee to assign a special definition to a claim term, he or she must do so clearly in the specification. Markman, 52 F.3d at 980; see also Renishaw, 158 F.3d at 1249 (noting that a “patentee’s lexicography must, of course, appear ‘with reasonable clarity, deliberateness, and precision’ before it can affect the claim”) (quoting In re Paulsen, 30 F.3d 1475, 1480 (Fed.Cir.1994)). “Without an express intent to impart a novel meaning to claim terms, an inventor’s claim terms take on their ordinary meaning.” York Products, Inc. v. Central Tractor Farm & Family Center, 99 F.3d 1568, 1572 (Fed.Cir.1996); see also Vitronics, 90 F.3d at 1582 (“Although words in a claim are generally given their ordinary and customary meaning, a patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file history.”). Thus, if a term is used in a variety of ways by the patentee in the specification, this may be indicative of the breadth of the term, rather than a limited definition. See Johnson Worldwide, 175 F.3d 985, 990-91 (distinguishing Laitram Corp. v. Morehouse Industries, Inc., 143 F.3d 1456, 1463 (Fed.Cir.1998) on the ground that in that case a narrow interpretation was compelled because of unambiguous language in the specification made clear that the claim language had only one interpretation). As for the second situation discussed in Johnson Worldwide, while a court generally construes claim terms consistent with their common meaning, a “common meaning, such as one expressed in a relevant dictionary, that flies in the face of the patent disclosure is undeserving of fealty.” Renishaw, 158 F.3d at 1250. Also, a court may also resort to the specifications if a claim term lends itself to several common meanings; in such a situation “the patent disclosure serves to point away from the improper meanings and toward the proper meaning.” Renishaw, 158 F.3d at 1250. C. PROSECUTION HISTORY The third source of intrinsic evidence that a court may consider in understanding the meaning of the claims is the prosecution history. However, “[a]l-though the prosecution history can and should be used to understand the language used in the claims, it too cannot ‘enlarge, diminish, or vary’ the limitations in the claims.” Markman, 52 F.3d at 980 (quoting Goodyear Dental Vulcanite Co. v. Davis, 102 U.S. 222, 227, 12 Otto 222, 26 L.Ed. 149 (1880)). A court also may consider the prior art cited in the prosecution history, which may contain clues as to what the claims do not cover. See Vitronics, 90 F.3d at 1583. If a patentee takes a position before the PTO, such that a “competitor would reasonably believe that the applicant had surrendered the relevant subject matter,” the patentee may be barred from asserting an inconsistent position on claim construction. Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448, 1457 (Fed.Cir.1998); see also Cole v. Kimberly-Clark Corporation, 102 F.3d 524, 531 (Fed.Cir.1996) (holding that the patentee was es-topped from arguing that her “perforation means” encompassed “ultrasonic bonded seams” after she distinguished references that contained such seams). If a patentee distinguishes a reference on multiple grounds to the PTO, any one of these may indicate the correct construction of a term. See Gentry Gallery, Inc. v. Berkline Corporation, 134 F.3d 1473, 1477 n. * (Fed.Cir.1998). However, “[u]nless altering claim language to escape an examiner rejection, a patent applicant only limits claims during prosecution by clearly disavowing claim coverage,” that is, by making a statement that concedes or disclaims coverage of the claims at issue based on a piece of prior art. York Products, 99 F.3d at 1575. D. EXTRINSIC EVIDENCE A court may, in its discretion, consider extrinsic evidence in order to correctly understand and define the language of the claims. See Markman, 52 F.3d at 980. However, “[ejxtrinsic evidence is to be used for the court’s understanding of the patent, not for the purpose of varying or contradicting the terms of the claims.” Markman, 52 F.3d at 981; see also Vitronics, 90 F.3d at 1584. Extrinsic evidence may be consulted if the court is not familiar with the terminology of art in which the patent is written, but it should not be consulted to clarify ambiguity in claim terms. See Markman, 52 F.3d at 986. “Indeed where the patent documents are unambiguous, expert testimony regarding the meaning of a claim is entitled to no weight.” Vitronics, 90 F.3d at 1584. E. MEANS PLUS FUNCTION LIMITATIONS Paragraph 6 of section 112 of 35 U.S.C. provides that: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This provision of the patent statute permits a patentee to write a limitation in a combination claim as a means for performing a function without reciting structure, material, or acts in the limitation. See Valmont Industries, Inc. v. Reinke Mfg. Co., Inc., 983 F.2d 1039, 1042 (Fed.Cir.1993). A patentee who invokes this drafting tool is required, however, to describe in the patent specification some structure which performs the specified function. See Valmont, 983 F.2d at 1042. If a patentee uses the word “means” in a claim, a presumption arises that he or she used the word to invoke § 112, ¶ 6. See Rodime PLC v. Seagate Technology, Inc., 174 F.3d 1294, 1302 (Fed.Cir.1999). There are two ways this presumption may be rebutted: (1) if a claim term uses the word “means” but recites no function which corresponds, or (2) if the claim recites a function but also recites sufficient structure or material for performing the claimed function. See Rodime, 174 F.3d 1294, 1302. It is also possible that a claim limitation that does not recite the word “means” may be construed under § 112, ¶ 6, despite a presumption to the contrary. See Cole v. Kimberly-Clark Corporation, 102 F.3d 524, 531 (Fed.Cir.1996) (citing Raytheon Co. v. Roper Corporation, 724 F.2d 951, 957 (Fed.Cir.1983)). Even if a mechanism is defined in functional terms, such as a “filter,” “brake”, “clamp,” or “detent mechanism,” or if it does not call to mind a single well-defined structure, it may not be subject to means-plus-function analysis. See Greenberg v. Ethicon Endo-Surgery, Inc., 91 F.3d 1580, 1583 (Fed.Cir.1996) (noting that “[dictionary definitions make clear that the noun ‘detent’ denotes a type of device with a generally understood meaning in the mechanical arts, even though the definitions are expressed in functional terms” and that “[i]t is true that the term ‘detent’ does not call to mind a single well-defined structure, but the same could be said of other commonplace structural terms such as “clamp” or “container” ”). In addition, a structural term need not connote a precise physical structure to those of ordinary skill in the art to avoid a means-plus-function analysis, as long as it conveys a variety of structures that are referred to by that term. See Personalized Media Communications, LLC v. International Trade Commission, 161 F.3d 696, 704-705 (Fed.Cir.1998) (noting that “detector” was not a generic structural term such as “means,” “element,” or “device” nor a coined term such as “widget” or “ram-afram” in deciding that use of the term “digital detector” did not subject the limitation to § 112, ¶ 6 analysis). The critical inquiry is “not simply that a [mechanism] is defined in terms of what it does, but that the term, as the name for structure, has a reasonably well understood meaning in the art.” Greenberg v. Ethicon Endo-Surgery, Inc., 91 F.3d 1580, 1583 (Fed.Cir.1996). Once the court has determined that a claim limitation is written in means plus function form, the court must define what the “means” are in the claim. The first step is to determine the function that the claimed means performs. See Rodime, 174 F.3d 1294, 1302. The claim language must link the term “means” to a function or the limitation is not subject to 112, ¶ 6. See York Products, Inc. v. Central Tractor Farm & Family Center, 99 F.3d 1568, 1574 (Fed.Cir.1996). Next, the court must determine what structure, material, or acts disclosed in the specification correspond to the word “means.” See Chiuminatta Concrete Concepts, Inc. v. Cardinal Industries, Inc., 145 F.3d 1303, 1308 (Fed.Cir.1998). In determining the structure disclosed in the specification that corresponds to the means, the court should be wary of importing excess limitations from the specification. For example, if a structure is defined in the specification in a way unrelated to the recited function in the means-plus-function clause, those additional aspects of the structure should not be read as limiting the scope of the means clause. See Chiuminatta, 145 F.3d at 1308-1309 (construing a patent for an apparatus and method for cutting concrete, the court held that because the function that corresponded to the means in the limitation was supporting the surface of the concrete, structural aspects of the skid plate in the preferred embodiment that did not perform this particular function were not to be read as limiting the scope of the means clause). In addition, in construing means plus function claims, generally a court should not import a function of a working device or a preferred embodiment into the claims as part of the “means” if such a function is not part of the function recited in the claims. See Rodime, 174 F.3d 1294, 1305; see also Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560, 1571 (Fed.Cir.1988) (“Although the specification may aid the court in interpreting the meaning of disputed language in the claims, particular embodiments and examples appearing in the specification will not generally be read into the claims.”). II. CONSTRUCTION OF THE TWENTY CLAIMS PRESENTED AT THE MARKMAN HEARING The twenty patent claims presented to the Court for construction at the Mark-man hearing may be categorized into the following groups: (1) Analysis Control System Claims, including Claim 51 of the ’309 patent, Claims 33, 104, 117 and 192 of the ’707 patent, and Claims 49, 50, 65, and 171 of the ’863 patent, (2) Claims Involving Products Carrying Participation Numbers, including Claims 44 and 93 of the ’707 patent and Claims 79 and 190 of the ’863 patent, (3) Conditional Format Claims, including Claim 15 of the ’150 patent and Claims 17, 20, 24, 77 of the ’285 patent, and (4) Claims from the ’984 patent, including Claims 4 and 15. A. ANALYSIS CONTROL SYSTEM CLAIMS The first set of claims, the Analysis Control System Claims, come from the ’707,-’863, and ’309 patents. The text and figures of the specifications to these three patents are identical, so references to the specification in one patent are equally applicable to analysis of a term appearing in a claim in another of the three patents. The text of the analysis control system claims at issue is provided in the Appendix to this Memorandum. In general, the ’707, ’863, and ’309 patents describe a system which interfaces callers at remote terminals through a telephone network to provide voice prompts to the callers so that they can provide information to the system. The information from the callers may be stored in the system for processing. The content of the prompts provided by the system to the callers and the type of processing performed on the information provided by the callers is determined by a format, designed to implement, for example, an auction sale or a contest. 1. “Communication Facility” The parties have asked the Court to construe the term “communication fácility.” The plaintiffs argue that although the term does not have a common meaning to one of ordinary skill in the art, the meaning is clear from the claim language. The plaintiffs contend that because the purpose of the communication facility in the claims is to connect callers to the interactive voice application (“the Katz system”), the kind of communication facility is inconsequential and the Court should construe the term to mean “any telephone network that enables callers to make calls.” (Pis.’Brief at 44-45). The defendants attack this proposed construction of communication facility and argue that the Court should construe the term as requiring that (1) the communication facility comprise the entire Public Switched Telephone Network (“PSTN”) and (2) the Katz system must be operated only outside the PSTN or communication facility. To support their argument that the communication facility comprises the entire PSTN, the defendants point to particular language in the specifications that they contend supports such a construction. First, the defendants point to Column 3 of the ’707 patent at line 13, which provides that “[i]n the disclosed embodiment, the remote terminals T1 through Tn represent the multitude of conventional telephone terminals that are coupled to a communication facility C which may take the form of a comprehensive public telephone system for interconnecting any associated terminals Tl-Tn.” Because the specification indicates that the communication facility has the ability to connect any associated terminals (such as telephones), the defendants argue that the communication facility must include the entire PSTN. Similarly, the defendants argue that Katz defined communication facility as the entire PSTN in line 63 of Column 4 of the ’707 patent, which provides that “DNIS capability is a function of the communication facility C (composite telephone system).” The defendants maintain that these passages of the specification indicate that the communication facility should be construed to mean the entire PSTN. The plaintiffs argue that the passages relied on by the defendants do not support their construction and that the specification indicates a contrary definition of “communication facility.” In Column 17 of the ’707 patent, Katz states that callers to his system could be billed through the “pay-to-dial network.” The plaintiffs argue that this indicates that “communication facility” may comprise any part of the PSTN, including the pay-to-dial network, that allows calls to be made by a caller to the Katz system and does not require that it comprise the entire PSTN. In addition, the plaintiffs contend that the prosecution history supports this construction. In a Preliminary Amendment dated January 10, 1986 in the prosecution of the ’299 patent, Katz amended his claims to replace the term “public communication facility” with the term “communication facility.” (Ex. 26). Katz also added a claim during the prosecution of the ’299 patent, claim 15, which provided: “A system according to claim 1 wherein said communication system comprises a public communication system.” (Ex. 26). By altering his claims, the plaintiffs argue, Katz clearly did not limit his claims to always require use of the entire PSTN. This Court concludes that the claim language does not shed much light on the scope of the communication facility; however, there is no indication from claim language itself that the communication facility must include the entire PSTN. The specification is more helpful in determining the scope of the term at issue. In Column 3, lines 55-59 of the ’707 patent, Katz states that “[i]n the illustrative embodiment of the system, the communication facility C comprises a public telephone network.” This indicates that the communication facility may, but is not required to involve the entire PSTN. In addition, the prosecution history of ’299 patent cited by the plaintiffs, in which Katz removed the word “public” from modifying “communication facility,” is consistent with this indication. The references to the specification made by the defendants do not undermine this reading of the claim language and specification and do not lend support to the defendants’ proposed construction of this term. Thus, I conclude that in light of the claim language, specifications, and prosecution history presented by the plaintiffs, the term “communication facility” does not require the involvement of the entire PSTN or thus, all of its elements and processes. To support their argument that “communication facility” is defined in the patents such that the Katz system must be operated only outside the PSTN or communication facility, the defendants point to the language of the preamble and claim limitations. The parties agree that because the terms “communication facility” and “analysis control system,” which initially appear in the preamble, are referred to in the claim limitations, these terms should be considered as limitations in the claims. See Gerber Garment Technology, Inc. v. Lectra Systems, Inc., 916 F.2d 683, 689 (Fed.Cir.1990). The preamble provides for “[a]n analysis control system for use with a communication facility;” the defendants contend that this language, particularly the word “with,” indicates that the Katz system, the analysis control system, is necessarily outside of the network. Further, the defendants argue that because the preamble indicates that the communication facility provides call data signals to the Katz system, this indicates that Katz was not referring to the internal routing signals that occur inside the telephone network. Turning to the language of the claim limitations, the defendants point out that Katz used the phrase “coupled to said communication facility,” which they argue indicates that the Katz system is something distinct from the communication facility because it is “coupled to” it. The defendants also contend that the limitation “interface structure coupled to said communication facility ... including means to provide signals representative of data developed by said remote terminals and for receiving said calling number identification data and said called number identification data (DNIS) to identify one from a plurality of called numbers” indicates that the interface structure cannot be a switch inside the PSTN, because switches send DNIS, not receive it. This, the defendants argue, is further proof that the Katz system cannot include any elements or processes which are inside the PSTN. In addition, the defendants refer the Court to Figure 1 in the specification. First, the defendants argue that the Katz system is represented as a “dead-end” or the place at which a call terminates, not as a mechanism by which calls are connected from one person to another, as is the function of the PSTN. Second, the defendants argue that pursuant to the Code of Federal Regulations, if an aspect of the invention is represented in the figure as a rectangular box, it indicates that that aspect is not essential to the understanding of the invention, citing 37 C.F.R. § 1.83(a). Thus, the defendants argue, the fact that the communication facility is represented in the figure as an empty box lends support to their position that the Katz system must be operated only outside the network. Finally, the defendants point to the specification of the ’707 patent at Column 6 at line 14, which provides that “individual callers would use the remote terminals Tl-Tn to contact the central station D through the communication facility,” as indicating that by using the word “through,” Katz indicated that the Katz system must be operated only outside the PSTN. The plaintiffs argue that the claim language is silent as to whether the Katz system must function only “inside” or “outside” the network. Further, the plaintiffs argue that there is nothing in the specification that requires that the Katz system function only outside the network. The plaintiffs maintain that although the communication facility is represented in Figure 1 as an empty box, certain parts that the defendants would consider to be “inside” the PSTN, such as the remote terminals and customer billing, are split out and shown as separate boxes in Figure 1. Thus, the plaintiffs contend that if customer billing and the remote terminals can be shown as separate empty boxes and still be “inside” the PSTN, there is no basis in Figure 1 for construing the Katz system, which is also represented by separate boxes, as “outside” the PSTN. The Court concludes that there is no basis in the claim language, the specifications, or in Figure 1 to construe the term “communication facility” to mean that the Katz system must be operated only outside the communication facility. It appears that the essence of the defendants’ argument here is that the Katz system cannot run on any of the equipment that is part of the communication facility, and thus, is “outside” of the communication facility. The Court is not persuaded that the words “for use with,” “through” or “coupled to” indicates that the Katz system must be operated only outside the communication facility. The words “with,” “through,” and “coupled to” connote some type of relationship between two things; however, none of these terms means that the two things in the relationship cannot be considered part of the same system or entity. Finally, the defendants argue that, claim language and specification aside, Katz clearly limited his invention to a system only existing outside the communication facility in his representations to the PTO during the prosecution of his patents. The defendants point to comments by Katz during the prosecution of the ’707 patent regarding patents to DeBruyn, Ris-kin, Comella, and Daudelin. Specifically, the defendants point out that in an Amendment dated August 31, 1995, Katz stated that he amended his claim to recite “that processing of at least certain of the data developed by the terminals and the calling number identification data occurs in the Applicant’s system” and that “[n]either DeBruyn nor Riskin teach this aspect of the Applicant’s system, also neither patent teaches calling number identification data provided automatically by a communication system (for example, ANI or like signals).” (Ex. 51). In addition, the defendants point out that in the same Amendment, Katz noted in part that Cornelia’s system “replaces the function of an operator for certain types of calls, for example, collect calls, person-to-person calls, charge-to-third number calls and so on” and that the patent to Comella “is somewhat of background interest for its interface aspects.” (Ex. 51). As for the patent to Daudelin, the defendants point out that Katz described it as “generally directed to an interface arrangement for reducing the load on telephone operators.” (Ex. 51). Apparently, the defendants contend that if Katz had contemplated that his system could have operated inside the PSTN, he should have said a lot more than he did to adequately distinguish his invention from the Daudelin and Cornelia patents, which were inventions that were operated by the PSTN. Whether Katz complied with his obligations before the PTO, however, is a question for another day; the question before the Court is whether Katz made any statements to the PTO that limited the scope of his claims. Considering the passages of prosecution history flagged by the defendants, the answer to that question is no: The Court concludes that the statements by Katz regarding these patents do not constitute a representation from him to the PTO that his invention could be operated only “outside” the communication facility. Further, the defendants point to statements made by Katz to the PTO in the September 19, 1994 Supplemental Information Disclosure Statement (“IDS”) during the prosecution of the ’575 patent, which occurred while the application of the ’707 patent was still being prosecuted. Specifically, the defendants point to a passage in which Katz referred to a patent by DeBruyn and stated in part that the patent to DeBruyn “discloses a lottery system that is integral with the ‘Telephone Company,’ ” and that in Katz’ system, “the ‘Telephone Company’ (‘a communication facility’) simply provides an interface, the lottery system being a separate and distinct capability.” (Ex. 41). However, taking the statements highlighted by the defendants in context, Katz points out differences between his system and the DeBruyn system including that in Katz system the caller must enter “lottery and identification data,” while in the DeBruyn system, the caller need not enter such information because the system is run inside the “Telephone Company” where the callers’ telephone number is already known. These statements highlight that the Katz system requires that a caller enter certain data, which is not required by the DeBruyn system; the statements do not limit the physical or geographic location where the Katz system can or cannot operate. Similarly, the defendants refer to another piece of prosecution history in which Katz discussed a patent to DeBruyn for a telephonic lottery system. (Ex. 46). In the September 30, 1994 IDS in the prosecution of the T20 patent, Katz stated that DeBruyn was distinct from his system which received identification from a caller because the it was “integrated with the composite telephone system which could identify the subscriber’s telephone number.” The Court concludes that the statements of Katz in the September 19, 1994 Supplemental IDS and the September 30, 1994 IDS do not restrict or limit the term “communication facility” to mean that the Katz system must be operated only outside of it. The defendants argue that Katz also distinguishes his system from the routing and connection of telephone calls, which are integral functions of a telephone company, thereby establishing that his system was to operate only outside the network. The defendants point to a statement made by Katz regarding a patent to Riskin in the prosecution of the ’075 patent. (Ex. 40). In the Preliminary Amendment dated July 17, 1990, Katz stated that “[rjecognizing that the Riskin patent discloses the utilization of ANI and DNIS signals to accomplish telephone routing, it is respectfully submitted that applicant’s system involves entirely different philosophical considerations and structure.” The defendants contend that because the Riskin patent was a system that was inside the telephone network, this statement by Katz indicates that his system was to be operated outside the PSTN. Similarly, the defendants argue that Katz distinguished his invention during the prosecution of the ’929 patent from a patent to Riskin by stating that his invention was outside the PSTN. (Ex. 37). In the Amendment dated August 1, 1990, Katz noted that in the Riskin patent, “functions are involved that are completely distinct from applicant’s system.... Specifically, Riskin does not disclose an interface telephone system but rather discloses a connection system.” The Court concludes that in these statements, however, Katz is discussing functional differences between the Riskin system and his system, not differences in the physical or geographic location of the elements of the systems. Essentially, the defendants are attempting in their arguments regarding “communication facility” to put a non-infringement rabbit in their hat at the claim construction stage of the case; in their arguments, they expressly seek to include any and all of their equipment, wires, switches, computers, trunks, lines, databases, and so on in the definition of “communication facility” and then establish that the Katz sys-tern cannot by definition include any of those things or run on any of that equipment because his system must be “outside” the communication facility. The result of adopting such reasoning would be to restrict the definition of “communication facility” on the basis of who owned the computer or switch on which the Katz system was running or on the basis of the physical or geographic location of the particular computer or switch. The plain words of the patents will not support such a restricted definition. Based on the foregoing inspection of the claim language, specification, and prosecution history, the Court construes the term “communication facility” in the Katz patents to mean: that part of a telephone network that enables a caller to connect to the Katz system. The Court concludes that there is no support for a construction of “communication facility” to require that the Katz system be operated only outside the entire PSTN nor that the “communication facility” encompass the elements or processes of the entire PSTN. 2. Application of Means-Plus-Function Analysis The analysis control system claims contain several limitations that contain a “structure” or “means” term, such as “interface structure,” “voice generator structure,” and “means to provide call data signals representative of data developed by said remote terminals.” While the parties agree that some of these terms are subject to means-plus-function analysis under 35 U.S.C. § 112, ¶ 6, the plaintiffs dispute the application of such analysis to other terms. a. “Interface Structure” The first of these terms the parties wish the Court to construe is “interface structure.” The claim limitations in which this term appears read “an interface structure coupled to said communication facility to interface said remote terminals for voice and digital communication.” In some of the claims, the limitation goes on to provide that the interface structure includes “means to provide caller data signals representative of data relating to said individual callers developed by said remote terminals.” Other claims contain limitations which further provide that the interface structure includes means “for receiving said calling number identification data.” The dispute between the plaintiffs and the defendants centers around whether “interface structure” is subject to means-plus-function analysis under 35 U.S.C. § 112, ¶ 6. The plaintiffs maintain that the term does not implicate § 112, ¶ 6 and should be construed to mean “a hardware device with associated software that establishes an interactive connection between a caller’s telephone and a computer system.” (Pis.’ Brief at 50). The plaintiffs argue that under Personalized Media Communications, LLC v. International Trade Commission, 161 F.3d 696, 704-705 (Fed.Cir.1998), a term that is defined in terms of its function or that does not bring to mind one well-defined structure is not necessarily subject to means-plus-function analysis. In Personalized Media, the Court of Appeals for the Federal Circuit held that the term “digital detector” was not subject to means-plus-function analysis because it conveyed to one of ordinary skill in the art “a variety of structures known as detectors.” Id. at 705. The plaintiffs argue that the term “interface structure” is akin to “digital detector” in that it is a sufficient recitation of structure so as to avoid the application of means-plus-function analysis. The plaintiffs argue that a specific set of structures corresponding to “interface structure” was known to those of ordinary skill in the art at the time of the prosecution of the Katz patents. The defendants argue that the term “interface structure” is written in functional language, fails to sufficiently connote structure to those of ordinary skill in the art, and as such, it subject to analysis under § 112, ¶ 6. The defendants contend that Katz simply used the term “structure” instead of “means” to attempt to avoid the application of § 112 ¶ 6. The defendants maintain that “interface structure” is a generic term which does not inform a person of ordinary skill in the art what structure is being conveyed by the term. Because the term “interface structure” is not drafted in “means for” form, the Court presumes that it is not subject to the requirements of § 112 ¶ 6. See Mas-Hamilton Group v. LaGard, Inc., 156 F.3d 1206, 1213 (Fed.Cir.1998). The critical factor in determining whether a term in a limitation which does not invoke “means for” language is subject to means-plus-function analysis despite the presumption to the contrary is whether the term brings to mind a set of structures to those of ordinary skill in the art, and not whether the term is written in functional language. See Personalized Media, 161 F.3d at 704-705. To determine whether this term would connote sufficient structure to those of ordinary skill in the art, this Court must refer to references in the computer telephone field contemporary with the prosecution of the Katz patents. See Greenberg, 91 F.3d at 1583 (consulting dictionaries to determine that the term “detent” denoted a device generally understood to those in the mechanical arts). In an article in the AT & T Technical Journal regarding the Conversant 1 Voice System, “trunk interface units” are described as connecting incoming trunks from a central office in the telephone network, and “line interface units” are described as initiating or receiving calls over ordinary telephone lines. (Ex. 366). In an 1986 article entitled “The AT & T Multi-Mode Voice SystemsFull Spectrum Solutions for Speech Processing Applications,” the authors refer to “telephone interface units (either line or trunk circuits)” as being a component of a basic system for speech processing applications using the telephone network and centralized databases. (Ex. 358). Other references in the record indicate that “interface structure” connoted structure to those of ordinary skill in the art: Exhibit 365, an article regarding Periphonics Voicepac, describes a particular brand of device used as an interface; Exhibit 405, a 1986 article on the Conversant 1 Voice System, discusses the function of line and trank interfaces; Exhibit 250, the 4,866,-756 patent to Crane et al., incorporates a “telephone interface component” to transmit audio response signals; and Exhibit 235, the 4,797,911 patent to Szlam et al., incorporates “trunk interface units” into its customer account online servicing system. One technical dictionary cited by the plaintiffs was helpful in assisting the Court determine what “interface structure” meant to those in the art. In the Dictionary of Computing and New Information Technology by A.J. Meadows, et al. (1982), the term “interface” is defined as being “[u]sed as a general term to describe the connecting link between the two systems. Most frequently refers to the hardware and software required to couple together two processing elements in a computer system.” (Ex. 481). While the testimony of the experts at the Markman hearing is not as weighty as prior art and technical references in determining the state of the art at the time of the prosecution of the Katz patents, it is consistent with the above references in indicating that “interface structure” had meaning and brought to mind a set of structures to those in the field. See Mor-ganstein Testimony, Transcript Volume 1 at 173, line 24 to 176, line 2 (testifying that the term “interface structure” would have had meaning to a person of ordinary skill in the art who had read the Katz patents and would have brought to mind a range of structures such a person could have used to build the Katz inventions); Larky Testimony, Transcript Volume 3 at 64 lines 12-15 (testifying that he recognized that the term “interface structure” referred to “some physical structure” but not a specific structure). Based on the above references and expert testimony, the Court concludes that although the term “interface structure” is written in functional language, the limitation sufficiently connotes structure such that § 112, ¶ 6 does not apply. That is, I conclude that, based on the cited prior art, references, and testimony of the experts at the Markman hearing, the term “interface structure” would have called to mind a specific set of structures to a person of ordinary skill in the art such that such a person would be able to build the Katz inventions. Having concluded that the term “interface structure” is not subject to § 112, ¶ 6, the Court must construe the meaning of the term according to the regular rales for claim construction. The meaning of “interface structure” to those of ordinary skill in the art at the time has been discussed above. In addition, in Column 4, line 52 to Column 5 line 15 of the ’707 patent, Katz discusses the function and components of the interface structure and states that “the interface 20 incorporates modems, tone decoders, switching mechanisms, DNIS and ANI capability (call data analyzer 20a) along with voice interface capability” and that the “interface 20 provides the connection of the first lines to a switch 21 which are in turn coupled to first function units, or processors PR1 to PRn.” This description of the interface in the specification is consistent with the ordinary meaning of the term “interface structure” to those of skill in the art. Based on the foregoing, I construe the term “interface structure” in the Katz patents to mean “the hardware and software required to connect the processors upon which the Katz system is running to the communication facility such that information from the communication facility and the remote terminals may be provided to and received by the Katz system.” For the claims listed in footnote 8, supra, the Court construes the term “interface structure” to also include the means to perform the specific function of providing caller data signals representative of data developed at the remote terminals. For the claims listed in footnote 9, supra, the Court construes the term “interface structure” to also include the means to perform the specific function of receiving calling number identification data. b. “Means to Provide Caller Data Signals” and “Means to Receive Calling Number Identification Data” Some of the limitations beginning with the term “interface structure” contain terms drafted in “means for” language, including “means to provide caller data signals” in Claims 51 of the ’309 patent, Claims 104 and 117 of the ’707 patent, and Claims 49, 65, and 171 of the ’863 patent, and means “to receive calling number identification data” in Claims 104, 117, and 192 of the ’707 patent and Claims 49, 65, and 171 of the ’863 patent. Both sides agree that these terms are subject to means-plus-function analysis. The plaintiffs argue that the structure that corresponds to the “means” in “means to provide caller data signals” is the Interface 20 in Figure 1 or Interface 1AX through 1AN and lBi through 1BN in Figure 9 of the ’309, ’707, and ’863 patents. The plaintiffs argue that the structures in Figure 1 that correspond to the “means” in “means to receive calling number identification data” are the Interface (20) and the Call Data Analyzer (20a). The defendants argue that the “means” in both of these means-plus-function limitations corresponds to the structures referenced by the plaintiffs but also corresponds to the Automatic Call Distributor (“ACD”). The Court concludes that the phrases “means to provide caller data signals” and “means for receiving said caller number identification data” are written in “means for” form, do not recite sufficient structure in the claim language, and are subject to analysis under § 112, ¶ 6. According to the specification of the ’707 patent at Column 4, lines 28-31, the ACD functions to “queue incoming calls for connection to a lesser number of lines.” The ACD does not fulfill and is not necessary to the function of providing call data signals or receiving calling number identification data and thus does not correspond to the “means” in those limitations. The Court concludes that the structure disclosed in the patents that corresponds to the “means” in the “means to provide caller data signals” is the Interface 20. The Court concludes that the structures disclosed in the patents that correspond to the “means” in “means for receiving calling number identification data” are the Interface 20 and the Call Data Analyzer 20a. c. “Voice Generator Structure” The term “voice generator” appears in several of the analysis control system claims at issue, and the limitations containing this term read “voice generator structure coupled through said interface structure for actuating said remote terminals as to provide vocal operating instructions to said individual callers.” The parties agree that the term “voice generator structure” is not subject to means-plus-function analysis because the term connotes a specific range of structures that correspond to the term to those of ordinary skill in the art. The Court concludes that the plain meaning of the term “voice generator” indicates a structure that can produce vocal sounds. The specification of the patents in which this term is found describes the voice generator structure as “a voice origination apparatus may prompt individual callers who (after qualification) provide select digital data to develop a record for further processing.” Column 2 lines 4 to 8 of the ’707 patent. The specification also provides that the voice generator is incorporated in the interface, Column 4, lines 55 to 58 of the ’707 patent, and that “recorded voice messages prompt callers to provide data by actuating the alphanumeric buttons”on their telephones, Column 1, lines 45 to 47 of the ’707 patent. Based on the term’s ordinary meaning, the claim language, and the specification, the Court concludes that “voice generator” means: a device for generating vocal instructions or prompts to individual callers at the remote terminals. d. “Record Structure” The term “record structure” begins limitations in many of the Analysis Control System Claims at issue; the limitation in Claim 51 of the ’309 patent reads “record structure, including memory and control means, connected to receive said caller data signals from said interface structure for updating a file and storing digital caller data relating to said individual callers provided from said digital input means through said interface structure.” The plaintiffs argue that “record structure” is not subject to means-plus-function analysis because the term connotes structure to those of ordinary skill in the art. Morganstein testified at the Markman hearing that a person of ordinary skill in the art who had read the Katz patents would have understood “record structure” to refer to a set of structures; Morgan-stein testified that the record structure would correspond to one of the building blocks of interactive voice applications, including processors, memory, and software. (Transcript volume 1 at 181-182). Larky did not disagree with Morganstein and testified that “record structure” would have connoted structure to those in the field. (Transcript volume 3 at 67-68). The plaintiffs also argue that the phrases “including memory” and “connected to receive said caller data signals from said interface structure” are additional structural descriptions of record structure in the claims which support their position that the term does not implicate § 112, ¶ 6. The plaintiffs’ proposed construction of this term is “a hardware device with associated software, including memory and control means, used to store information.” (Pis.’ Appendix at 132). The defendants argue that “record structure” is subject to § 112, ¶ 6 because the term is defined by the function it performs — accessing a file and storing data— and because it lacks a sufficiently definite structure to those of ordinary skill in the art. The structures that correspond to this term, the defendants argue, are the Processing Unit 92, Memory 98 with storage cells Cl through Cn in Figure 4, and the required wiring to connect these structures together. The defendants argue that “record structure” also corresponds to the required software for performing the disclosed functions. The defendants contend that the only software programs disclosed in the specifications are in the context of the specific “formats” described by Katz, such as game shows, lotteries, and auctions. Based on contemporary technical dictionaries and the testimony of the experts, the Court concludes that the term “record structure” is not subject to § 112, ¶ 6 because the term would have connoted sufficient structure to those of ordinary skill in the art. The Court construes the term “record structure” to mean: computer hardware and software required to receive data signals, update files, and store information. The limitations containing the term “record structure” provide that the record structure includes memory and “control means ... for accessing a file.” The parties agree that “control means” is subject to § 112 ¶ 6. The plaintiffs point to the Processing Unit 92 and Memory 98, including cells Cl through Cn in Figure 4 or Processors PR1 through PRn in Figure 1 as the structures that correspond to “control means.” The plaintiffs contend that an alternative structure for control means disclosed in the patents is a microcomputer or microprocessor, such as the Central Processing Unit 251 in Figure 9, programmed to perform the disclosed functions. The defendants agree that the term “control means” corresponds with the structures the plaintiffs have identified, but the defendants contend that the term also must include the associated wiring and software. The first step in means-plus-function analysis is to identify the function performed by the means; here, the function of the “control means” is to receive calling number identification data, to access a file, and to store data relating to certain' of said individuals callers. The Court concludes that the patent discloses that the control means correspond to the Processing Unit 92 and Memory 98, including the cells, Cl through Cn in Figure 4 and the Processors PR1 through PRn in Figure 1. See Column 16, lines 24-28, and 44-46 of the ’707 patent and Column 18, lines 21-25 of the ’707 patent. In addition, “control means” corresponds to the software that enables these structures to perform the functions of receiving and storing data and accessing files. The Court concludes that the control means also correspond to a microprocessor, such as the Central Processing Unit 251 in Figure 9, programmed to perform the disclosed functions, as such a structure can also perform the disclosed functions of the control means. See Column 5, lines 12-33, Column 9, lines 59 to 67, and Column 21, lines 9-20 of the ’707 patent. The core dispute between the parties in relation to the record structure limitations is over the meaning of the term “accessing.” The plaintiffs argue that the term “accessing” includes anything a computer can do to a file, such as creating or opening records or storing additional information entered by callers. The defendants argue that the term “accessing” does not encompass deleting a file or creating or initiating a file because a file must exist before it can be “accessed.” The defendants point to passages of the specification in which the ideas of updating a file are distinct from creating a cell in memory in the first instance. See Column 12, line 63-65, Column 16, lines 29-32, and Column 17, lines 29-30 of the ’707 patent. Thus, they contend that the term “accessing” must mean retrieving a file that already exists. In Claim 51 of the ’309 patent, Katz recites a “record structure, including memory and control means, ... for updating a file.” This indicates to the Court that the use of the word “accessing” in a similar limitation in another claim connotes a different meaning. Further, although Katz describes updating files and assigning cells in memory as different functions in the specification, there is nothing in the specification that indicates that the term “accessing” could not encompass both of those functions. Webster’s Dictionary defines the verb “access” as “to get at, gain access to.” Addenda to Webster’s 3rd New International Dictionary at 55a (1986). As a noun, the term is defined as “permission, liberty, or ability to enter, approach, communicate with, or pass to and from” or “freedom or ability to obtain or make use of.” The Court concludes that the term “accessing” means in the context of the Katz patents: gaining or obtaining the ability to enter or make use of files. ’ The Court further concludes that the term “accessing” in the context of the Katz patents does not delineate or restrict the types of functions that may be performed on the files once they are accessed, such as updating files, creating new files, or deleting files. e. “Qualification Structure” “Qualification structure” appears in many of the Analysis Control System Claims, and the limitations in which this term appears vary from claim to claim. Claims 104 and 117 of the ’707 patent and Claim 171 of the ’863 patent include the broadest limitation including the term, providing for a “qualification structure controlled by said record structure for controlling access to said system by said individual callers.” The other limitations containing this term vary on how and on what basis access to the system is controlled. The plaintiffs argue that this term is not subject to means-plus-function analysis because the term “qualification structure” was well known to those of ordinary skill in the art of building interactive voice applications. The plaintiffs contend that ■“qualification structure” would have brought to mind a computer processor and its software programs to those of skill in the art. The defendants argue that this term is subject to means-plus-function analysis because it is written in functional terms and has no meaning to those of ordinary skill in the art without more information than is provided in the claim language. The defendants argue that the term does not escape application of § 112, ¶ 6 because it calls to mind a computer processor and its programs, as plaintiffs contend. The defendants argue that the structure in Figure 4 that corresponds to this term is the Qualification Unit 93, the Processing Unit 92, the Memory 98, and the software required to qualify callers. See Column 6, line 56 to Column 7, lines 36 and Column 16, lines 19-31 of the ’707 patent. The defendants contend that the only software that is disclosed in the patents is in the context of the specific formats discussed by Katz, such as game shows, lotteries, and auctions. The Court concludes that although the term “qualification structure” does not include the term “means,” it is subject to § 112, ¶ 6. “Qualification structure” is written in functional terms and the Court is not convinced that it would not have brought to mind sufficient structure to a person of ordinary skill in the art without further reference to the specification. The function performed by the “qualification structure” is controlling access to the Katz system by individual callers. The structures disclosed in the specification that perform this function are the Qualification Unit 93 and the Processor 92 in Figure 4. The qualification structure limitations raise additional construction issues. In Claims 49 and 50 of the ’863, the qualification structure controls access to the Katz system “based on at least two forms of distinct identification including caller customer number data and at least one other distinct identification data element consisting of personal identification data.” The parties agree that a “caller customer number” is a number that is assigned to a merchant’s own customer; however, the defendants contend that the caller customer number cannot be a credit card number because it is not assigned from a vendor to a customer. The defendants point to Column 11, lines 6-7 of the ’863 patent, which describes the customer number in a mail order format as the number found on the customer’s catalog. Thus, the defendants argue the customer number cannot be a credit card