from the first frame. The broadest reasonable meaning of these words requires that the
second frame be isolated from the first frame in a manner that is characterized by
continuous change, activity or progress.
There is nothing in either the '375 or '558 application that shows such an
invention. To the extent that the '375 application or the '558 application discloses
separating the reaction frame from the XY stage support frame, that separation is not
characterized by continuous change, activity or progress but is static, physical isolation.
In fact, in the '558 application, Lee explains that reaction forces are transmitted
independently to the earth's surface by a structure that is physically isolated from the
support frame. (Exh. 2045: '558 Apptn., page 3, line 28 - page 4, line 5) (emphasis in
original) (motion at 17).
We understand van Engelen's definition of "dynamically isolated" to require that the
frames be isolated dynamically - that there necessarily be something in between the two frames
that provides the isolation, i.e. that the frames be physically interconnected with dynamic
isolators'. Van Engelen does not dispute that the '763 application as well as the '558
specification describe physically separate frames. Van Engelen does, however, disagree that two
physically separate frames are "dynamically isolated" when applying the broadest reasonable
interpretation of that claim term.
Van Engelen's definition of "dynamically isolated" is derived by viewing the term in light
of van Engelen's specification, resulting in an importation of a structural element that is not part
of the count. Van Engelen's definition for dynamically isolated is not the broadest reasonable
interpretation of that term. When the term "dynamically isolated" is properly construed, the Lee
'558 application provides an enabling embodiment within the scope of the count.
Van Engelen's proposed definition of dynamic is the second listed definition, and the
example for that definition is that of a dynamic market (Ex. 2017). Van Engelen provides no
During oral argument, counsel for van Engelen so represented (Paper 102 at 17-18).
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