WAKALOPULOS et al. V. BILSTAD et al. - Page 15




                                 the two components, sterilize the ends of the components, heat up the ends                                                 
                                  until they become semi-amorphous, assemble the two ends, then hold the two                                                
                                  ends together until they cool enough to form a seal. This device is capable of                                            
                                 manipulating objects, including moving two objects toward one another                                                      
                                  along a common axis.                                                                                                      
                        B. Ex. 2009, p. 3.                                                                                                                  
               56. With respect to Figure 9 and the description at page 10, lines 1-13, of the Bilstad                                                      
                        specification Prof Colgate testifies:                                                                                               
                                  Figure 9 and page 10, lines 1-13 describe an apparatus for performing a                                                   
                                  sterile fill of apre-sterilized container with a pre-sterilized liquid. This device                                       
                                  is capable of manipulating objects, including moving one object toward                                                    
                                  another to puncture a seal and establish a sterile connection, and sealing a                                              
                                  container subsequent to a sterile fill.                                                                                   
                        B. Ex. 2009, p. 3.                                                                                                                  
               57. With respect to the limitation "a moveable member manipulating objects in a plurality of                                                 
                        directions within the reactive volume" Prof. Colgate testifies:                                                                     
                                  5. 1 have been asked to comment on whether the '964 application describes                                                 
                                  a device (or apparatus) moving (or manipulating) objects in a plurality of                                                
                                  directions while the objects are in the reactive volume (electron beam field).                                            
                                  In arriving at my conclusions, I have relied upon the following definitions:                                              
                                  "Moveable member manipulating objects" refers to any device or apparatus                                                  
                                  capable of moving or manipulating objects; "Plurality" means two or more.                                                 
                                  6. 1 have concluded that the '964 application does describe a device (or                                                  
                                  apparatus) moving objects in a plurality of directions while the objects are in                                           
                                  the reactive volume (electron beam field). This conclusion is supported by a                                              
                                  number of facts and analyses that will now be reviewed.                                                                   
                                  7. As I mentioned previously in paragraph 3, Figure 2 and page 6, line 21                                                 
                                  through page 7, line 4 describe an assembly line apparatus for mass                                                       
                                  production of the sterile joining technique. The conveyor belt shown in                                                   
                                  Figure 2 is clearly capable of moving objects along a single direction.                                                   
                                  Normally, itwouldmove objects through the reactive volume, which is fixed                                                 
                                  relative to the assembly line, as illustrated in Figure 2. Moreover, the term                                             
                                  "conveyor belt" normally refers to a continuously moving surface, asopposed                                               
                                  to "indexing table," which refers to a surface that starts and stops. Thus, it                                            
                                  would be clear to one skilled in the art that the conveyor belt illustrated in                                            
                                  Figure 2 is capable of moving objects while those objects are in the reactive                                             
                                  volume.                                                                                                                   

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