would have been obvious to employ the Isohata shared frame concept with the system claimed in
Lee claim 4 or Lee claim 6. However, as the movant, van Engelen should have at least discussed
any prior art, like Isohata, that appears relevant to the analysis. Van Engelen's failure to discuss
any prior art known to it, or to allege that it is unaware of any prior art that would render Lee
claim 5 obvious, given Lee claim 4 or Lee claim 6 is critical. Without such a discussion, we will
not simply imagine or suppose that van Engelen is unaware of any prior art that would render Lee
claim 5 obvious in view of Lee claim 4 or Lee claim 6, or that van Engelen is of the opinion that
given Lee claim 6 or Lee claim 4 as prior art, that the closest prior art that it is aware of would
not render Lee claim 5 obvious. To suppose such a fact would be unfair and prejudicial to the
party Lee. Lastly, we note that Lee claim 6 recites "a machine frame which, ... supports ... a
mask holder ... and a substrate holder." Lee claim 6 appears to recite the precise feature that van
Engelen states is "introduced" in Lee claim 5.
For all of these reasons, van Engelen preliminary motion 4 is denied. Since van Engelen
has failed to set forth aprimafacie case for the relief requested, we need not and have not
considered Lee opposition 4.
Van Engelen preliminaa motions 5, 7 and 9 and Lee preliminga motions 8 and 12
Van Engelen moves to add a count 2, identical to Lee claim 5, to the interference
(preliminary motion 5). Van Engelen moves for benefit of proposed count 2 (preliminary motion
7), and moves to deny Lee the benefit of its earlier filed applications with respect to proposed
count 2 (preliminary motion 9). Lee moves to be accorded benefit of van Engelen's proposed
count 2 (preliminary motion 8), or its modified count 2 (preliminary motion 12). Van Engelen
preliminary motions 5, 7 and 9, and Lee preliminary motions 8 and 12 are ultimately contingent
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