the present count (Paper 56), and (3) be accorded benefit of the new count (Paper 57). According
to the junior party van Engelen's preliminary statement, van Engelen does not allege a date that is
earlier than the senior party Lee's effective filing date (Paper 47),
Oral argument was held on 29 April 2003. During oral argument counsel for van Engelen
withdrew van Engelen preliminary motion 4 (Paper 102 at 84, line 25 to page 86, line 2).
For the reasons that follow, van Engelen preliminary motions 1-3, 5 and 6 are denied.
Lee preliminary motion 2 is granted. Van Engelen preliminary motion 4 and Lee preliminary
motions 3-9 are dismissed, and judgment is entered against van Engelen.
B. Findings of fact
1. Van Engelen is involved on the basis of Patent 5,953,105 ('105), granted 14
September 1999, based on application 08/776,418, filed 30 January 1997.
2. Van Engelen has been accorded benefit for the purpose of priority of
PCT/11396/00383, filed 29 April 1996.
3. Lee is involved on the basis of application 09/449,763, filed 26 November 1999.
4. Lee has been accorded benefit for the purpose of priority of application 09/192,153,
filed 12 November 1998 and application 08/416,558, filed 4 April 1995.
5. Van Engelen real party in interest is ASML Netherlands, B.V. (Paper 9).
6. Lee real party in interest is Nikon Corporation (Paper 4).
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