controller and the controller in electrical communication
with the input device;
2) cutting at least one incision into the patient;
3) attaching a surgical instrument to the first articulate
arm;
4) inserting said surgical instrument into the patient
through the at least one incision;
5) generating input commands to move said surgical
instrument in accordance with the procedure being performed
wherein said robotic arm moves said surgical instrument in
accordance with the input commands; and
6) removing the surgical instrument from the patient.
12. The method of claim 9 wherein the surgical instrument
is a stapler.
As seen from the above, both Wang claims 7 and 12 require
that the surgical instrument is a stapler. Wang's proofs are
directed to showing prior conception of Wang claims 7 and 12,
including the limitations of the claims from which they depend.
Wang's alleged conception
Wang alleges that Yulun Wang (Dr. Wang) conceived the idea
of using a stapler as an instrument for a robotic surgical system
by at least February of 1995 (Paper 100 at 10), directing us to
paragraphs 17-21 of Dr,:,Wang's declaration. Those paragraphs are
reproduced below..
17. 1 routinely recorded technical concepts, business
plans and phone conversation in a notebook. I kept such a
notebook for the year 1995. 1 have attached a true and
correct copy of a notebook entry from ' my 1995 notebook as
Wang Exhibit 2035. The entry "1/12 talked to Jeff White" is
a note relating to a phone conversation I had with Mr. White
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