demonstrated that van Engelen claim 14 defines the same patentable invention as van Engelen
claim 11, or Lee claim 6, in view of Lee '820, Schutten and Akutsu.
As stated above, van Engelen's arguments are primarily directed to van Engelen claims 5,
13, 15, and 16. Van Engelen does, at the end of its opposition, briefly discuss van Engelen
claims 8, 18, and 19. Since van Engelen does not address the specific features of van Engelen
claims 6, 7, 9, 14, 20, and 21, van Engelen has failed to sufficiently rebut Lee'sprimafacie case
of obviousness with respect to those claims.
1. Van EnRelen claims 8, 18, and 19
Van Engelen claim 8 depends on claim 5. Van Engelen claim 18 depends on van Engelen
claim 6, and 19 depends on claim 7. Van Engelen claims 8, 18, and 19 are as follows:
8. A positioning device as claimed in claim 5, wherein the force actuator system is
integrated with a system of dynamic isolators by means of which the first frame is coupled
to a base of the positioning device.
18. A positioning device as claimed in claim 6, wherein the force actuator system is
integrated with a system of dynamic isolators by means of which the first frame is coupled
to a base of the positioning device.
19. A positioning device as claimed in claim 7, wherein the force actuator system is
integrated with a system of dynamic isolators by means of which the first frame is coupled
to a base of the positioning device.
Van Engelen argues that, with respect to its claims 8, 18, and 19, Akutsu's linear motor
and bellow diaphragm air cylinder do not equate with van Engelen's sophisticated dynamic
isolator and integrated force actuator. We understand van Engelen to argue that since its
dynamic isolator as disclosed in the '666 patent is of a complex structure, that the Akutsu air
cylinder cannot meet the limitation of the "dynamic isolator" recited in van Engelen claims 8, 18,
and 19. Van Engelen's argument is not persuasive. Van Engelen claims 8, 18, and 19 recite
dynamic isolators. There is no claimed structure associated with the dynamic isolators. Van
Engelen suggests that a specific structure be considered when interpreting the term "dynamic
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