Durr Systems, Incorporated v. Fori Automation, Incorporated

Filing 18

Scheduling ORDER re: Markman., ( Markman Hearing set for 12/11/2008 10:00 AM before District Judge Avern Cohn) Signed by District Judge Avern Cohn. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (JOwe)

EXHIBIT B 08-10560 DURR SYSTEMS v. FORI AUTOMATION CONSTRUCTION OF CLAIM 10 OF U.S PATENT 5,628,433
Plaintiff's Construction 1 2 3 10. A tube for receiving a fluent material comprising: a hollow tube body being generally cylindrical and extending from a rear end An integral tube body which is generally cylindrical The tube body has a rear end. The term "end" defines an area, and not an edge. (Designated "3a" in the attached drawing) The tube body has a nozzle end. The term "end" defines an area, and not an edge. (Designated "4a" in the attached drawing) The tube includes ribs extending radially inwardly from an inner peripheral wall of the tube and having the claimed depth. The plunger has an outer peripheral surface which is closely matched to the inner peripheral surface of the tube. The air spaces are formed between the outer peripheral surface of the plunger and the inner peripheral surface of the tube by the ribs with the ribs each occupying an area of the claimed dimension The ribs are in the "rear end" (as defined in 3 above) of the hollow tube body. Defendant's Construction No contest with plaintiff's construction. No contest with plaintiff's construction. The tube body has a rear end. The term "end" is defined by the rear edge of the tube body. (Designated "3b" in the attached drawing) The tube body has a nozzle end. The term "end" is defined by the forward edge of the tube body. (Designated "4b" in the attached drawing) No contest with plaintiff's construction. Defendant's Construction Court's Claim Construction

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to a nozzle end,

Defendant's Construction

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a plurality of ribs extending radially inwardly from an inner peripheral, wall of said tube, said ribs extending radially inwardly for a depth that is less than 0.5% of a diameter of said tube; and A plunger having an outer peripheral surface closely matched to said inner peripheral surface of said tube,

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No contest with plaintiff's construction

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such that when said plunder is received within said tube, air spaces are formed between said plunger and said tube by said ribs, said ribs each occupying an area that is less that 0.5% of the area of said tube,

No contest with plaintiff's construction

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and said ribs extending to said rear end of said hollow tube body.

The ribs extend from a point remote from the rear end "to" the rear end or edge of the tube body.

Defendant's Construction