Fencer: It would be the best 5 cards.

If two players "tie" with the same top 2 cards, then the 3rd card is looked at. (for example, both of a pair of Kings - if one has a queen high, the other a 10 - queen high wins.

If two players "tie" with the same top 3 cards, then it looks at the forth.

If two players "tie" with the same top 4 cards, then it looks at the fifth.

If two players "tie" with all 5 cards - then it is tied (as I understand it, you should look no further then the top 5 cards)

I think throwing the word "kicker" in there is just confusing. Out of the 7 cards (5 on the table, 2 in the hand) - BEST 5 cards out of those 7. Only those 5 cards each person makes a hand out of counts.

Simple as that - best 5 card hand.