reconstruction based upon hindsight reasoning, but so long as it takes into account only
knowledge which was within the level of ordinary skill at the time the claimed invention was
made and does not include knowledge gleaned only from applicant's disclosure, such a
reconstruction is proper. In re McLaughli , 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA
1971). Schutten teaches a force actuator system with a feedback loop 80 with various electronic
components that function to provide feedback to the force actuators. Van Engelen, in its
preliminary motion, takes the position that the various electronic components shown comprise an
electric control unit. That position has not been shown by van Engelen to be one based on
impermissible hindsight reasoning. The fact that Schutten shows electronic components in
detail, as opposed to a "black box" labeled "electric control unit" does not mean that the various
electric components shown in Schutten that cooperate to control the actuators are not what one of
ordinary skill in the art would consider an electric control unit. Thus, we are not persuaded by
van Engelen's hindsight argument.
For the reasons stated above, Lee preliminary motion 2 is grante
Lee preliminary motions 3, 5 and 6
Lee moves for judgment against van Engelen on the basis that several of van Engelen's
claims (including newly added claims 4, 7 and 9) are unpatentable over certain prior art. In this
interference, van Engelen has failed to allege a date prior to van Engelen's effective filing date.
Furthermore, van Engelen's preliminary motion 6 attacking the benefit granted Lee is denied.
Accordingly, judgment will be entered against van Engelcn. There is then no occasion to
consider Lee's preliminary motions for judgment against van Engelen. For these reasons, Lee
preliminary motion 3, 5, and 6 are dismissed.
Lee preliminary motion 4
Lee moves for benefit of U.S. Patent Application No. 09/127,288, filed July 31, 1998
(now U.S. Patent 6,049,186); U.S. Patent Application No. 08/627,824, filed April 2,1996 (now
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