Ex Parte LEE - Page 5


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                           which the object table is displaceable over a guide parallel to at least an X-direction,                                  
                           which guide is fastened to a first frame of the positioning device while a stationary part of                             
                           the drive unit is fastened to a second frame of the positioning device which is                                           
                           dynamically isolated from the first frame, wherein the first frame of the positioning                                     
                           device of the substrate holder belongs to the machine frame of the lithographic device,                                   
                           while the second frame of the positioning device of the substrate holder belongs to a force                               
                           frame of the lithographic device which is dynamically isolated from the machine frame;                                    
                           and wherein a reaction force exerted by the object table on the drive unit during operation                               
                           and arising from a driving force exerted by the drive unit on the object table is                                         
                           transmittable exclusively into the second frame.                                                                          

                           10. The claims of the parties are:                                                                                        

                                    Van Engelen: 1-22                                                                                                
                                    Lee: 1-6                                                                                                         

                           11. The claims of the parties which correspond to Count I are:                                                            
                                    Van Engelen: 1-3 and 10-12                                                                                       
                                    Lee: 1-6                                                                                                         

                           12. The claims of the parties which do not correspond to Count I are:                                                     
                                    Van Engelen: 4-9 and 13-22                                                                                       
                                    Lee: none                                                                                                        


                           9. The level of ordinary skill in the art is defined by the prior art references made of                                  
                  record.                                                                                                                            
                           C. Decision                                                                                                               
                           Van Engelen preliminM motions 1 and 2                                                                                     
                           Van Engelen preliminary motions 1 and 2 are for judgment against Lee on the basis that                                    
                  Lee's claims 4-6 are unpatentable under 35 U.S.C. § 112, T 1, or are indefinite under 35 U.S.C.                                    
                  § 112, 12, or that there is no interference-in-fact. As the movant van Engelen bears the burden                                    
                  to demonstrate that it is entitled to the relief sought. 37 CFR § 1.637(a).                                                        


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