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Here is my view which can be wrong. Refer to lecture 4, slides 7 onwards.

Ein and Eout are the average of the error measure per point. And it is up to the user to choose the error measure. So Ein and Eout are just numbers and not probabilities. And so epsilon which is the difference between the two, is also a number.

Also see lecture 8, slides 15 and 20: Eout = bias + variance = 0.21 + 1.69 > 1