Free Stipulation - District Court of Colorado - Colorado

Case 1:04-cv-01769-MSK-CBS

Document 139-2

Filed 11/16/2005

Page 1 of 3

EXHIBIT 1 TO STIPULATED PROPOSED ORDER OF PRESENTATION OF PROOF AND ARGUMENT FOR NOVEMBER 17-18, 2005 MARKMAN HEARING CLAIM LANGUAGE OF U.S. PATENT NO. 6,746,473 1. A laser device comprising: AMD'S PROPOSED CLAIM CONSTRUCTION 1. A laser device comprising: ERCHONIA'S PROPOSED CLAIM CONSTRUCTION 1. A laser device comprising:

a) a plurality of laser energy sources for a) a plurality of laser energy sources for a) a plurality of laser energy sources for generating a plurality of laser beams; generating a plurality of laser beams; generating a plurality of laser beams; b) a wand from which the laser beams emit, the wand housing the laser energy sources within and being capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient; and b) a wand from which the laser beams emit, the wand housing the laser energy sources within and being capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient; and b) a wand from which the laser beams emit, the wand housing the laser energy sources within and being capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient; and c) one or more optical devices or optical elements connected, directly or indirectly, to the wand for receiving the laser beams and for changing the appearance or form of each of the laser beams into a desired spot shape.

c) an optical arrangement attached to the wand for receiving the laser beams and for transforming each of the laser beams into a desired spot shape.

c) one or more lenses, mirrors, prisms, apertures, beam splitters, filters, diffraction gratings or fiber optic wires directly fastened to the wand for receiving the laser beams and for changing the appearance or form of the spot shape of the beam emitted by each laser energy source into a spot shape wanted by the laser device designer;

7. A device according to claim 1 wherein at 7. A device according to claim 1 wherein at 7. A device according to claim 1 wherein least one of the spot shapes is substantially least one of the spot shapes is a line having at least one of the spot shapes has the linear. minimal width. appearance of a length significantly greater than its width.

Exhibit 1; page 1

Case 1:04-cv-01769-MSK-CBS

Document 139-2

Filed 11/16/2005

Page 2 of 3

CLAIM LANGUAGE OF U.S. PATENT NO. 6,746,473 8. A device according to claim 1 further comprising a first laser beam having a first spot shape and a second laser beam having a second spot shape wherein the first spot shape is substantially linear and the second spot shape is circular.

AMD'S PROPOSED CLAIM CONSTRUCTION 8. A device according to claim 1 further comprising a first laser beam having a first spot shape and a second laser beam having a second spot shape wherein the first spot shape is a line having minimal width and the second spot shape is circular.

ERCHONIA'S PROPOSED CLAIM CONSTRUCTION 8. A device according to claim 1 further comprising a first laser beam having a first spot shape and a second laser beam having a second spot shape wherein the first spot shape has the appearance of a length significantly greater than its width and the second spot shape is circular. 13. A therapeutic laser device comprising: a) a first semiconductor diode laser energy source generating a first laser beam having a first pulse width and a second semiconductor diode laser energy source generating a second laser beam having a second pulse width, wherein at least one of the laser beams has a wavelength in the red range of the visible spectrum; b) a wand from which the laser beams emit, the wand having an interior cavity that houses the laser energy sources and that is capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient;

13. A therapeutic laser device comprising: a) a first semiconductor diode laser energy source generating a first laser beam having a first pulse width and a second semiconductor diode laser energy source generating a second laser beam having a second pulse width, wherein at least one of the laser beams has a wavelength in the red range of the visible spectrum;

13. A therapeutic laser device comprising: a) a first semiconductor diode laser energy source generating a first laser beam having a first pulse width and a second semiconductor diode laser energy source generating a second laser beam having a second pulse width, wherein at least one of the laser beams has a wavelength in the red range of the visible spectrum;

b) a wand from which the laser beams emit, the wand having an interior cavity that houses the laser energy sources and that is capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient;

b) a wand from which the laser beams emit, the wand having an interior cavity that houses the laser energy sources and that is capable of being retained in a hand of a user and freely moved relative to the surface of the skin of a patient;

Exhibit 1; page 2

Case 1:04-cv-01769-MSK-CBS

Document 139-2

Filed 11/16/2005

Page 3 of 3

CLAIM LANGUAGE OF U.S. PATENT NO. 6,746,473 c) an optical arrangement mounted in the interior cavity of the wand for receiving the laser beams and for transforming each of the laser beams into a desired spot shape wherein the first laser beam's spot shape is substantially linear and the second laser beam's spot shape is substantially circular;

AMD'S PROPOSED CLAIM CONSTRUCTION c) one or more lenses, mirrors, prisms, apertures, beam splitters, filters, diffraction gratings or fiber optic wires mounted in the interior cavity of the wand for receiving the laser beams and changing the appearance or form of the spot shape of the beam emitted by each laser energy source into a spot shape wanted by the laser device designer wherein the first laser beam's spot shape is a line having minimal width and the second laser beam's spot shape is substantially circular. d) a control circuit for controlling the first pulse width and the second pulse width wherein the first pulse width is a continuous emission and the pulse width is greater than zero.

ERCHONIA'S PROPOSED CLAIM CONSTRUCTION c) one or more optical devices or optical elements mounted in the interior cavity of the wand for receiving the laser beams and for changing the appearance or shape of each of the laser beams into a desired spot shape wherein the first laser beam's spot shape has the appearance of a length significantly greater than its width and the second laser beam's spot shape is substantially circular;

d) a control circuit for controlling the first pulse width and the second pulse width wherein the first pulse width is a continuous emission and the pulse width is greater than zero.
J:\4888\-10\Research\Ex. 1 to Proposed Order of Proof.wpd

d) a control circuit for controlling the first pulse width and the second pulse width wherein the first pulse width is a continuous emission and the pulse width is greater than zero.

Exhibit 1; page 3