Newfrey, LLC et al v. Burnex Corporation

Filing 43

MARKMAN CLAIM CONSTRUCTION ORDER. Signed by District Judge Avern Cohn. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (JOwe)

Newfrey, LLC et al. v. Burnex Corp. 07-13029 EXHIBIT A U.S. Patent No. 6,928,705 Paradigm Claim 1 Newfrey's Construction Burnex's Construction Court's Construction

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U.S. Patent No. 6,928,705 - Claim 1 1. A generally U-shaped fastener adapted to mount an object to a panel, the panel including a mounting aperture therein, the fastener comprising: a body portion having a pair of side members coupled to each other by a curved base portion at an insertion end of the generally Ushaped fastener, 2a the pair of side members defining a slot between the pair of side members, 2b the slot being adapted to receive a coupling member from the object; a flange member extending outwardly from each of the pair of side members near an end opposite the insertion end of the generally U-shaped fastener, 3a each flange member being adapted to contact a surrounding portion of the mounting aperture; a plurality of finger members extending 4a the plurality of finger members being adapted to grasp the coupling member of the object upon the coupling member being inserted into the slot; and at least one abutting flange extending outwardly from each of the pair of side members,

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Newfrey v. Burnex 07-13029

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EXHIBIT A

Newfrey's U.S. Patent No. 6,928,705 - Claim 1 Construction 5a each of the at least one abutting flange a for the most part having a generally straight portion, a straight portion transition portion and an engaging portion, 5b the generally straight portion coupling the at least one abutting flange to one of the side members near the insertion end of generally U-shaped fastener, 5c the transition portion being coupled to the generally straight portion and being defined by an exterior convex surface,

Burnex's Court's Construction Construction a portion that is straight a portion that is straight but with some amount of but not necessarily deviation from exactly precisely 180 degrees straight allowed

5d the engaging portion having an exterior concave surface immediately abutting the exterior convex surface of the transition portion and extending continuously from the transition portion,

an exterior concave surface immediately abutting the exterior convex surface of the transition portion and extending without break from the transition portion 5e the exterior concave engaging surface the exterior concave having a radius between 3.5 engaging surface having millimeters and 6.0 millimeters and a radius between 3.5 being adapted to engage an edge of millimeters to 6.0 the mounting aperture upon insertion millimeters therein to retain the generally Ushaped fastener in the mounting aperture.

an exterior concave surface that immediately abuts the exterior convex surface of the transition portion without any intermediate surface therebetween the parties agree

an exterior concave surface immediately abutting the exterior convex surface of the transition portion and extending without break from the transition portion no interpretation necessary

Newfrey v. Burnex 07-13029

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EXHIBIT A