Ex Parte LEE - Page 21





                        The above indicates that reaction forces, e.g., dynamics of the one frame, are not                                           
                transmitted to the other frame and are therefore "dynamically isolated." This definition for                                         
                dynamically isolated, that the reaction forces are isolated, is a more reasonable interpretation of                                  
                the term "dynamically isolated" given the description in Lee's '762 specification and the first                                      
                listed definition for dynamic as previously discussed. Van Engelen's definition of "dynamically                                      
                isolated", in contrast, is derived from van Engelen's involved specification, and by importing an                                    
                element into Lee's claim 4 that simply is not claimed. To the extent that the second alternative of                                  
                the count, i.e., van Engelen's claim 10, should be interpreted to mean that there are necessarily                                    
                "dynamic isolators" in between the two frames does not mean that Lee's claim 4, the first                                            
                alternative of the count should also be interpreted the same way. The count is the disjunctive                                       
                alternative of Lee claim 4 and van Engelen claim 10. Lee '558 need only describe an enabling                                         
                embodiment within the scope of the count, e.g., Lee claim 4. It need not describe an enabling                                        
                embodiment for both alternatives of the count.                                                                                       

                        Van Engelen fails to discuss with any particularity what the '558 application describes,                                     
                and because of that, its argument is not persuasive. However, we note, that the '558 application                                     
                describes a first frame (80 and 114A- I 14D), and a second frame (94 and 102A-I 02D) that are                                        
                physically isolated, such that reaction forces from one frame are isolated from the other frame.                                     
                As discussed above, when properly interpreted, the '558 application thus describes two frames                                        

                that are dynamically isolated. Van Engelen has failed to demonstrate otherwise. Accordingly,                                         
                we are not persuaded that van Engelen has satisfied its burden of proof to sufficiently                                              
                demonstrate that Lee's '558 application fails to describe an enabling embodiment within the                                          



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