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 B U.S. Patent No. 7,096,638 Paradigm Claim 1 Newfrey's Construction Burnex's Construction Court's Construction

U.S. Patent No. 7,096,638 - Claim 1 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: 2 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 U-shaped 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; 3 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; 4 a plurality of finger members extending inwardly into the slot from each of the pair of side members or from the flange members, 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
Newfrey v. Burnex 07-13029

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EXHIBIT B

U.S. Patent No. 7,096,638 - Claim 1 5 at least one abutting flange extending outwardly from each of the pair of side members, 5a each of the at least one abutting flange having a generally straight portion, a 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, 5d the engaging portion having an exterior concave surface substantially abutting the exterior convex surface of the transition portion;

Newfrey's Construction

Burnex's Construction

Court's Construction

a for the most part straight portion

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

the transition portion . . . a portion . . . consisting of the transition portion . . . outlined by an exterior an exterior convex given form by an exterior convex surface surface only convex surface an exterior concave surface substantially abutting the exterior convex surface of the transition portion a portion having an no interpretation exterior concave surface necessary substantially abutting the exterior convex surface of the transition portion without a significant intermediate section therebetween

5e the engaging portion being adapted to engage an edge of the mounting aperture upon insertion therein to retain the generally U-shaped fastener in the mounting aperture.

Newfrey v. Burnex 07-13029

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EXHIBIT B