event the certificate of correction was not entered and Lee preliminary motion 6 is granted.
Lastly van Engelen has filed a preliminary motion 12 for benefit of the reissue application.
Van Engelen has failed to allege a date that is earlier than Lee's effective filing date.
Further, van Engelen's preliminary motion 8, attacking the benefit granted Lee is denied.
Accordingly, judgment will be entered against van Engelen. There is then no occasion to
consider Lee preliminary motion 6 or van Engelen contingent motions 10, 11, and 12. For these
reasons, Lee preliminary motion 6, and van Engelen preliminary motions 10, 11, and 12 are
dismissed.
Lee preliminary motion 2
Through its preliminary motion 2, Lee seeks to designate van Engelen claims 5-9, 13-16
and 18-22 as corresponding to the count. Lee discusses van Engelen's claims in five groups of
like features as follows: (1) van Engelen claims 5, 13, 15, and 16; (2) van Engelen claims 6 and
7; (3) van Engelen claims 8, 18, and 19; (4) van Engelen claims 9, 20, 2 1, and 22; and (5) van
Engelen claim 14.
Van Engelen claims 5, 13, 15 and 16
Van Engelen claims 5, 13, 15 and 16 relate to a force actuator system. Van Engelen
claim 5 depends on van Engelen claim 1. Van Engelen claims I and 5 are as follows:
1. A positioning device with an object table and a drive unit by 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 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.
5. A positioning device as claimed in claim 1, wherein the positioning device is provided
with a force actuator system controlled by an electric control unit and exerting a
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