anticipation. Therefore, we need not and have not determined whether van Engelen has
sufficiently demonstrated that the device sold was "ready for patenting."
Since van Engelen has failed to meet its burden of proof to show that it is entitled to the
relief sought, Lee's opposition need not and has not been considered. Van Engelen preliminary
motion 5 is denied.
With respect to the patentability of van Engelen's claims corresponding to the count over
the Micrascan IJ device, we make no determination. Since judgment is concurrently entered
against van Engelen based on priority, we need not decide the issue.
Lee preliminaU motion 2
Through its preliminary motion 2, Lee seeks to designate van Engelen claims 4, 7 and 10
as corresponding to the count. Van Engelen claim 4 depends on van Engelen claim 3. Van
Engelen claims 3 and 4 are as follows:
3. A positioning device as claimed in claim 1, characterized in that the object table is
displaccable over a guide parallel to at least an X-direction, the guide being fastened to
the reference frame.
4. A positioning device as claimed in claim 3, characterized in that the positioning device
is provided with a force actuator system which is controlled by an electric control unit
and which exerts a compensation force on the reference frame during operation, which
compensation force has a mechanical moment about a reference point of the reference
frame having a value equal to a value of a mechanical moment of a force of gravity acting
on the object table about said reference point, and a direction which is opposed to a
direction of the mechanical moment of said force of gravity.
Van Engelen claim 7 depends on van Engelen claim 6, which depends on claim 5. Van
Engelen claims 5-7 are as follows:
5. A lithographic device comprising a radiation source, a mask table, a projection system
having a main axis, a substrate table, a drive unit for displacing the substrate table relative
to the projection system in at least one direction perpendicular to the main axis, and a
measuring system for measuring a position of the substrate table relative to the projection
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