CHEUNG et al vs. RITZDORF et al - Page 11




                     Interference No. 105,113                                                                                                                                      

                                          JUDGE MARTIN:  Does your claim language spin, rinse and dry chamber                                                                      
                               require that there be a top on the spin, rinse and dry apparatus?                                                                                   
                                          MR. BOOTH:   No.                                                                                                                         
                     Hearing Transcript10 at 24, l. 5 to p. 25, l. 8.  Counsel based this interpretation on the above-noted                                                        
                     definition of "enclose" to mean "surround on all sides":                                                                                                      
                                          MR. BOOTH:  The dictionary says surround on all sides.                                                                                   
                                          JUDGE MARTIN:  So you would exclude the top and bottom?                                                                                  
                                          MR. BOOTH:  That isn't a side.                                                                                                           
                                          JUDGE MARTIN:  That isn't a side?                                                                                                        
                                          MR. BOOTH:  It excludes the top in that context.                                                                                         
                     Hearing Transcript at 26, ll. 6-13.  Counsel for Ritzdorf  agreed that the term "chamber" does not                                                            
                     require a top:                                                                                                                                                
                                          MR. ROCKEY: . . .                                                                                                                        
                                          . . . .                                                                                                                                  
                                          But I think perhaps the more important point is that when you read                                                                       
                               chamber the way Cheung is suggesting [in the preliminary motion] that it must be                                                                    
                               read, it's not even consistent with the specification.  I think as Judge Martin                                                                     
                               pointed out, that's  -- I think that's a very important point.                                                                                      
                                          Another example, if you look at --                                                                                                       
                                          JUDGE McKELVEY:  Because it doesn't have to have a top?                                                                                  
                                          MR ROCKEY:  Yeah, exactly, exactly. . . .                                                                                                
                     Hearing Transcript at 29, l. 16 to p. 30, l. 3.  Other than agreeing that a top is not required,                                                              
                     Ritzdorf has not offered a definition of "chamber."  Thus, the parties appear to agree that                                                                   

                     10  Paper No. 60.                                                                                                                                             
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