Note, that expert testimony which contradicts the
meaning of a term as is defined in the specification is
entitled to little weight. Vitronics Corp. v. Conceptronic
Inc., 90 F.3d 1576, 1585, 39 USPQ2d 1573, 1579 (Fed. Cir.
1996). An inventors' definition and explanation of a claim
term, as evidenced by the specification, controls the
interpretation of that claim term. Serrano v. Telular
Corp., Ill F.3d 1578, 1582, 42 USPQ2d 1538, 1541 (Fed. Cir.
1997). Here, the '930 specification defines the term "end
effector" to mean a surgical instrument, and as used, the
end effector does not hold a surgical instrument. [FN
omitted]. The '930 specification does not describe the "end
effector" as a part located along a kinematic chain of
joints and links between the robot base and the end of a
tool.
Furthermore, Salisbury fails to sufficiently set forth
facts to support a conclusion that one of ordinary skill in
the art at the time of the Green '930 invention, would know
that the term "end effector" means any convenient location
along a kinematic chain, or alternatively that "end
effector" means the end of a working tool. Salisbury makes
his assertions in the present tense as follows:
In robotics, the working end of the tool is often
referred to as the "end effector" ... it is also known
in robotics to define some other convenient location
(often a joint) along the kinematic chain as the "end
effector". (Green Ex. 1014, 1 8).
Green fails to direct us to where in Salisbury's
testimony, Salisbury indicates what was known at the time
the '930 application was filed regarding the term "end
effector". What is important is that which was known when
the application was filed, not what was known when Salisbury
testified. (Paper 76 at 13-15).
For the above reasons, we are not persuaded that (1) the
issue of written description support for the end effector for
holding a surgical instrument was not fairly raised and presented
to Green, or that (2) we sua sponte considered the issue on our
own. Wang raised the issue of written description support and
Green responded.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007