VAN ENGELEN et al. V. LEE - Page 14





                explanation why the term "dynamic" or dynamically should be interpreted under the second                                             

                listed definition as opposed to the first definition. Note, that Dr. Kurfess, van Engelen's expert,                                  
                provides no explanation as to why the proposed second definition is what one of ordinary skill in                                    
                the art would understand the definition to be (Ex. 2012 T 39). Generally, it is the first listed                                     
                definition that is the most commonly used definition for a given word. A dynamic market would                                        
                appear to have nothing to do with two mechanical frames and the relationship between those two                                       
                frames. Furthermore, van Engelen's proposed definition would require a structural element                                            
                between the two frames. Lee's claim 2, however, does not recite an element for isolating the two                                     
                frames. Rather, the claim merely recites the relationship between the two frames. The                                                
                relationship is described by the term dynamically isolated. We will not read limitations into                                        
                Lee's claims that would require an element to be in between the two frames. Lee's claim 2 is not                                     
                so limiting. Van Engelen's proposed definition is ultimately obtained by looking to its own                                          
                specification and importing limitations from its specification into the count. However, the count                                    
                is Lee claim 2 or van Engelen claim 2. Each alternative of the count is interpreted in light of the                                  
                parties' respective involved specifications. The first alternative of the count (Lee claim 2) is                                     
                interpreted in light of Lee's involved '763 specification.                                                                           
                         With that in mind, a more reasonable interpretation of the term "dynamically isolated"                                      
                may be gleaned from the first definition for the word "dynamic" and from Lee's specification.                                        
                The first definition for dynamic is "of or relating to energy or to objects in motion" (Ex. 2017).                                   
                That definition, on its face, is a more reasonable definition for the term dynamic when considered                                   
                in the context of two frames and their relationship. Lee's '763 specification describes two                                          
                frames that are isolated from each other, such that the reaction forces from the elements of one                                     

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