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Schutten. To the extent that van Engelen is arguing that its claims should not be added to the
interference since Lee cannot support such a claim, that argument is also rejected. It is of no
moment that Lee may or may not have support for a force actuator system. A party moving to
designate an opponent's claim as corresponding to the count, need demonstrate that the claim
defines the same patentable invention as any one claim designated as corresponding to the count.
Absent from that requirement is that the movant must also demonstrate that it has written
description support for the opponent's claim. The query is not can the movant support such a
claim, but rather does the claim define the same patentable invention as a claim already
designated as corresponding to the count.
Van Engelen argues that Lee '820 fails to teach a compensation force between two frames
(opposition at 17). As stated above, we do not interpret van Engelen's claims 5, 13, 15, and 16 to
require a force actuator system that exerts a compensation force between two frames. In any
event, Lee did not rely on the Lee '820 patent to teach a force actuator system that exerts a
compensation force between two frames. Rather, Lee alternatively relied on the '820 patent to
show an actuator system that compensates for movement of two stages, as opposed to one stage.
Van Engelen argues that Schutten fails to disclose a compensation force between two
frames and exerted on a first frame (opposition at 19). As discussed above, when properly
construed, van Engelen's claims 5, 13, 15, and 16 do not require that the force actuator system
exert a compensation force between two frames. However, even if van Engelen claims 5, 13, 15,
and 16 do require a force actuator system that exerts a compensation force between two frames,
van Engelen has failed to demonstrate that it would not have been obvious to combine the
Schutten actuator system to a two frame system.
Schutten discloses a force actuator system, with force actuators 74, 76 in between the
ground and a work table (frame). Thus, Schutten discloses a force actuator in between two
structures. Van Engelen has failed to sufficiently demonstrate that one of ordinary skill would
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