(Als explained by Dr. Salisbury, the specification of
Green's '665 patent (and thus the '930 application) often
uses the term "end effector" to refer to the operative end
of the surgical instrument used to manipulate tissues.
(Green EXHIBIT 1014, page 4, paragraph 8; additional fact
paragraph 3, supra.) As can be understood with reference to
Fig. 9 of Green's '665 patent, robotic arms generally define
a kinematic chain of joints and links between a base 110 of
the robot and a working end of a robotic tool 114R. In
robotics, the working end of the tool is often referred to
as the "end effector" (as in Green's '665 patent).
Alternatively, it is also known in robotics to define some
other convenient location (often a joint) along the
kinematic chain as the "end effector." (Green EXHIBIT 1014,
page 4, paragraph 8; additional fact paragraph 3, supra.)
This is merely a difference in nomenclature. Any convenient
interface or joint along the kinematic chain may be
designated the "end effector," so that the '665 patent, and
thus the '930 application. effectively discloses an
articulate arm having an end effector for holding surgical
instrument, (Green EXHIBIT 1014, page 4,paragraph 8;
additional fact paragraph 3, supra.) (Emphasis added)
(Paper 50 at 8).
The above-noted argument is responsive to Wang's argument
regarding written description support for the end effector. We
specifically addressed Green's argument presented above in our
decision as follows:
Dr. Salisbury's testimony is of little value because
the meaning defined by Green in 1930 is contrary to the
alleged "common meaning." The term "end effector" is used
in'930 to describe a surgical instrument and not the end of
an instrument or tool, or an intermediate joint or link
along a kinematic-chain of joints and links.
Green has not used the term "end effector" according to
its common meaning as pointed out by Dr. Salisbury. Nothing
stemming from Green's specification indicates that Green was
aware of the asserted broad meaning of "end effector" urged
by Dr. Salisbury. Green used the term in a very narrow
sense that is even outside of the broad scope of the meaning
urged by Dr. Salisbury. The surgical instrument necessarily
embodies its own end and thus cannot be a joint or link
located between the robot base and an end of itself.
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