Green next argues that we construed "end effector" too narrowly in light of Green's full disclosure (Paper 79 at 23). At the outset, Green argues that we improperly shifted roles by looking into Green's specification on our own without being directed to certain passages by Wang. As stated above, Wang has a negative burden of demonstrating that something isn't so. That Wang did. That we "on our own" verified the truth of the assertions does not mean that Wang failed to meet its burden. Green argues that we failed to look at Green's entire specification in making our decision, since we ignored non surgical embodiments when interpreting the term "end effector" (Paper 79 at 25). Green's entire disclosure was considered in rendering our decision. Green claim 144 recites "A system for allowing a surgeon to control a surgical instrument ... an articulate arm having an end effector for holding the suraical instrument..." The challenge mounted by Wang was that Green failed to provide written description support for an end effector for holding the surgical instrument. In this respect, Green's specification was reviewed for a description (including all drawings) that describedan end effector for holding the surgical instrument. As we stated in our decision, in the context of surgery, e.g. using a surgical instrument, Green's specification describes the end effector as the surgical instrument. The end effector is not for holding the surgical instrument, but rather - 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007