isolator." However, van Engelen has failed to sufficiently demonstrate that the term "dynamic
isolator" has a common meaning to one of ordinary skill in the art that would require a structure
of something more than a bellow diaphragm air cylinder as taught in Akutsu.
Dr. Kurfess, van Engelen's expert, does not assert that a dynamic isolator, as that term is
understood by one of ordinary skill in the art, requires a complex structure other than an air
cylinder. Rather, Dr. Kurfess states that, given the complex structure of the dynamic isolator,
disclosed in '666, that one of ordinary skill would not have known how to assemble a dynamic
isolator and actuator as described in van Engelen's involved '666 patent (Ex. 2042 T56). The
structure of the dynamic isolator and actuator are not claimed. Furthermore, van Engelen has
failed to sufficiently explain why the specific structure of van Engelen's dynamic isolator must
be considered in determining obviousness. Claims are to be given their broadest reasonable
interpretation. Importing limitations into the claims from the specification is impermissible. For
these reasons, van Engelen has failed to sufficiently rebut Lee's primafacie case with respect to
van Engelen claims 8, 18, and 19.
For all of the reasons discussed above, Lee preliminary motion 2 is granted.
Lee prelimingy motions 3, 4 and 7
Lee moves for judgment against van Engelen on the basis that several of van Engelen's
claims (including newly added claims 5-9, 13-16, and 18-22) are unpatentable over certain prior
art. Van Engelen has failed to allege a date prior to van Engelen's effective filing date.
Furthermore, 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's preliminary motions farjudgment against van Engelen. For these reasons, Lee
preliminary motion 3, 4, and 7 are dismissed.
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