claimed compensation force exerted in van Engelen claim 10 takes into account the sum of all
forces acting on that common frame - from both the substrate and mask tables. Lee further
explains that, although the Schutten reference fails to disclose two stages, Schutten does teach
summing all of the forces acting on the supporting frame to arrive at the compensation force.
Lee then concludes that one of ordinary skill would have been motivated to use the Schutten
force actuator system to compensate for the forces of both the stages acting on a common frame
the reference frame, since Schutten itself teaches compensating for all forces acting on a common
frame.
Van Engelen fails to sufficiently address Lee's argument. That Schutten fails to teach
two stages, and an actuator system that compensates for the movement of two stages misses the
point. Van Engelen should have explained why Lee's analysis was erroneous. Instead, van
Engelen side steps Lee's argument altogether. Accordingly, van Engelen has failed to
sufficiently rebut Lee's primajacie case with respect to van Engelen claim 10.
Van Engelen's discussion with respect to Schutten's horizontal forcers is irrelevant. Lee
did not rely on the Schutten horizontal forcers to teach the force actuator system claimed in van
Engelen claim 4, 7 or 10.
Van Engelen argues that Lee fails to point to any teaching in the Lee '820 patent or in
Lee's involved application of an electronic control unit. Lee did not rely on its involved
application to argue that the van Engelen claims 4, 7 and 10 should correspond to the count.
Lee's reliance on the '820 patent was in the alternative only. As stated above, Lee made a prima
facie case based on the van Engelen claims 3, 6 and 9 in view of Schutten without relying on the
'820 patent.
Van Engelen argues that Lee attempts to piece together van Engelen's electric control unit
from Schutten's various electronic components, and that by doing so has relied on hindsight to
arrive at the claimed control unit. Anyjudgment on obviousness is in a sense necessarily a
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