Accordingly, we address van Engelen's arguments only with respect to van Engelen claim 4, which is an alternative of the count. There is yet another flaw in the arguments advanced by van Engelen. Although van Engelen takes the position that the '558 application fails to provide support for Lee claim 4, with or without incorporating by reference the '375 application, van Engelen fails to discuss the '558 application with particularity with respect to at least one of the features it alleges is not supported in the '558 application. Although Van Engelen discusses the '375 application in detail, the inquiry should begin with what the '558 application describes. That is the application for which Lee was accorded benefit. Until it is determined what the '558 application describes, there is no need to look to the '375 application. The issue of incorporation by reference is moot, if the '558 application alone describes an enabling embodiment within the scope of the count. Since van Engelen has failed to sufficiently demonstrate, that the '558 application, standing alone, fails to describe an enabling embodiment within the scope of the count we need not determine if the Lee '558 application has effectively incorporated by reference the '375 application, or determine if the '375 application describes an enabling embodiment within the scope of the count. Our discussion pertains to what is set forth in the '558 application and not the '375 application. Dynamically isolated frames Lee claim 4 (an alternative of the count) recites a first frame and a second frame. The claim recites that the second frame is dynamically isolated from the first frame. Van Engelen argues that the '558 application fails to describe a second frame that is dynamically isolated from 17-Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 3, 2007