VAN ENGELEN et al. V. LEE - Page 18




                context of a linear motor, the rotor does not rotate, but rather moves in a linear fashion. The                                      
                stator is that part of the motor which remains stationary relative to the rotor.                                                     
                         Lee describes a linear motor where the stationary parts of the motor, or the stator of the                                  
                motor is understood to be the X and Y drive tracks. Thus, the '558 application describes a                                           
                stationary part of the drive unit. Furthermore, the X and Y drive tracks, or stators are attached to                                 
                the first frame 80, 114A-1 14D through the guides, and are thus, fastened to the first frame.                                        
                         From the above, the '558 application describes an enabling embodiment within the scope                                      
                of the count. Based on the record before us, van Engelen has failed to direct us to evidence that                                    
                would demonstrate otherwise. In this regard, van Engelen's silence with respect to the '558                                          
                application is fatal to its motion.                                                                                                  
                         A stationary i)art of the measuring system fastened to a second frame                                                       
                         Lastly, van Engelen argues that the '558 application does not support a measuring system                                    
                comprising a stationary part which is fastened to a second frame (motion at 19).                                                     
                         Again, although van Engelen argues that the '558 application fails to describe the feature                                  
                in question, van Engelen fails to discuss with any particularity why that is so. Van Engelen's                                       
                arguments are conclusory and unsupported by evidence. Accordingly, van Engelen has failed to                                         
                demonstrate that Lee should be stripped of its priority benefit of the '558 application. Our                                         
                inquiry need not go any further.                                                                                                     
                         In any event, we note that the '558 application describes an interferometer system used to                                  
                determine the location of the reticle stage. The system includes two laser interferometry mirrors                                    
                14A and 14B located on stage 10, and laser interferometer units I I 2A, I I 2B and I I 2C. The                                       
                interferometer units are mounted on supports 108 and I 10. As seen in Figure 4, the supports I 10                                    

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