Even still, the exhibits 2034 and 2035, which are schematics, do not by themselves
explain how elements are connected and how the elements function. In that light, van Engelen
relies on the declaration of Dr. Kurfess to explain what exhibits 2034 and 2035 describe and that
the Micrascan 11 system shown in those exhibits anticipates Lee claims 2 and 8. Dr. Kurfess is
said to be an expert of metrology systems. We do not know, however, how his experience
pertains to photolithography systems or positioning devices as claimed in Lee claims 2 and 8.
Neither van Engelen nor Dr. Kurfess tells us. Still further, Dr. Kurfess apparently has no first
hand knowledge of the Micrascan H device that was sold. That is, Dr. Kurfess' testimony is
based on his independent review of the schematics and photos submitted into evidence by van
Engelen (Ex. 2012 at 69). Absent from the record is an explanation supporting Kurfess'
conclusion that he has drawn with respect to how the elements shown in exhibits 2034 and 2035
are connected and how the elements function. For example, Dr. Kurfess testified that "in the
Micrascan H, there was a wafer stage interferometer system including a wafer stage IF
(interferometer) module 280 and wafer IF L-shaped mirror 240 for measuring the position of the
wafer stage table relative to the projection optics system 110. (Exh. 2034: MS H FIG. 1; 2035:
MS Il FIG. 2)" (Ex. 2012 TJ 75 and 86).
It is not apparent from either of exhibits 2034 or 2035 that the module 280 and mirror 240
cooperate to measure the position of the wafer stage table relative to the proiection optics system
110 as recited in Lee claims 2 and 8. Dr. Kurfess does not explain how it is so. Kurfess'
statements that the module 280 and mirror 240 function to measure the position of the wafer
stage table relative to the projection optics system 110 are conclusory and unsupported
assertions. Nothing in the Federal Rules of Evidence (applicable to patent interference cases) or
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