Federal Circuit jurisprudence requires a fact finder to credit the unsupported assertions of an
expert witness. Rohni and Haas Co. v. Brotech Corp., 127 F.3d 1089, 1092, 44 USPQ2d 1459,
1462 (Fed. Cir. 1997). Since (1) we do not know how Dr. Kurfess' expertise relates to the
photolithography or positioning machines in Lee claims 2 and 8, and (2) the underlying basis
supporting Kurfess' opinion is not set out in his testimony, we do not credit Kurfess' testimony.
Further, van Engelen has failed to sufficiently demonstrate that the two frames in the
Micrascan H device were dynamically isolated. Van Engelen states that Lee's first frame 261 is
physically isolated from the second frame so as not to transfer vibrations between the first frame
and the XY stag , implying that such an arrangement meets the limitation of dynamically isolated
frames. Van Engelen then concludes, through reliance on Kurfess' unsupported assertions, that
the Micrascan 11 second frame 170 was dynamically isolated from the first frame 270 by isolators
180. Van Engelen, however, fails to demonstrate that the Micrascan 11 first frame and second
frames are dynamically isolated so as not to transfer vibrations between the two frames as it
asserts. Rather, the Micrascan II system is facially different, with its attached frames, than Lee's
system with its separate frames. While the Micrascan H system does show isolators between the
two frames, the two frames are also connected by way of tumbuckles 265A. That connection
would appear to allow at least some vibrations or reaction forces to be transferred between the
two frames, despite the isolators 180. Yet, van Engelen fails to discuss the isolators or the
turnbuckle connections between the two frames, so as to provide a persuasive argument that the
Micrascan 11 frames are dynamically isolated, as that term is applied by van Engelen in the
context of Lee's claims. Accordingly, van Engelen has failed to establish aprimafacie case of
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