Emerson Electric Co. v. Spartan Tool, LLC (223 F. Supp. 2d 856, 2002)

Citations

223 F. Supp. 2d 856

Full opinion text

Memorandum of Opinion and Order

GAUGHAN, District Judge.

INTRODUCTION

This matter is before the Court upon Plaintiffs’ Motion for Claim Construction of Claims 29 and 35 of the ’588 Patent and of Claims 1 and 22 of the ’905 Patent, and Supporting Memorandum (Doc. 93); Plaintiffs’ Motion for Claim Construction and for Summary Judgment of Infringement of Claim 24 of the ’401 Patent, and Supporting Memorandum (Doc. 95); Spartan’s Response and Cross Motion to Plaintiffs’ Motion for Summary Judgment of Claim 24 of the ’401 Patent (Doc. 103); Plaintiffs’ Motion for Partial Summary Judgment of Infringement of Claim 29 of the ’588 Patent and of Claim 22 of the ’905 Patent, and Supporting Memorandum (Doc. 94); Spartan’s Response to Plaintiffs Motion for Summary Judgment of Infringement and Cross Motion as to Claim 29 of the ’588 Patent and Claim 22 of the ’905 Patent (Doc. 114); Spartan’s Motion for Summary Judgment on Non-Infringement (Doc. 96); Spartan’s Motion for Summary Judgment on Invalidity (Doc. 108); and Plaintiffs’ Motion for Partial Summary Judgment of No Unenforceability and Supporting Memorandum (Doc. 92).

This case arises out of the manufacture and sale by defendant Spartan Tool, LLC of an Original Model 502 Cable Machine and Modified Model 502 Cable Machine (hereafter collectively “Model 502 Cable Machines”). Plaintiffs allege these machines infringe three patents owned by plaintiff Emerson Electric Co. (hereafter “Emerson”) and licensed to plaintiff Ridge Tool Company (hereafter “Ridge”). Two of the patents-in-suit describe and claim a drain cleaning apparatus that drives a cleaning cable or snake in and out of drains and pipes to open blockages therein. The third patent-in-suit describes and claims a feed control device to be used with the drain cleaning apparatus to control the feed, i.e., inward and outward movement, of the cleaning cable.

For the following reasons, Plaintiffs’ Motion for Claim Construction of Claims 29 and 35 of the ’588 Patent and of Claims 1 and 22 of the ’905 Patent is GRANTED as set forth below; Plaintiffs’ Motion for Claim Construction and for Summary Judgment of Infringement of Claim 24 of the ’401 Patent is GRANTED as set forth below; Spartan’s Cross Motion for Summary Judgment of Claim 24 of the ’401 Patent is GRANTED IN PART and DENIED IN PART; Plaintiffs’ Motion for Partial Summary Judgment of Infringement of Claim 29 of the ’588 Patent and of Claim 22 of the ’905 Patent is GRANTED; Spartan’s Cross Motion as to Claim 29 of the ’588 Patent and Claim 22 of the ’905 Patent is DENIED; Spartan’s Motion for Summary Judgment on Non-Infringement is DENIED; Spartan’s Motion for Summary Judgment on Invalidity is DENIED; and Plaintiffs’ Motion for Partial Summary Judgment of No Unenforceability is GRANTED.

FACTS

Plaintiff Emerson is a Missouri corporation engaged in the manufacture and sale of industrial products, including electric motors, compressors, measuring instruments, power tools and plumbing equipment. (2d Am.Compl.Hf 1, 6). Plaintiff Ridge is an Ohio corporation with its principal place of business in Elyria, Ohio. (2d Am.ComplA 2). Ridge is a subsidiary of Emerson and manufactures, develops, markets and sells tools to the professional pipeworking and plumbing industry. (2d Am.Compl^ 7).

Defendant is a limited liability company existing under the laws of the State of Delaware. (2d Am. Compl. ¶ 3; Ans. ¶ 3).

Emerson is the owner by assignment of three patents invented by Michael Rut-kowski and directed to a method of cleaning pipes:

(1) U.S. Patent No. 6,009,588 entitled “Drain Cleaning Apparatus” (hereafter “ ’588 Patent”);

(2) U.S. Patent No. 6,243,905 entitled “Drain Cleaning Apparatus” (hereafter “ ’905 Patent”); and

(3) U.S. Patent No. 5,901,401 entitled “Feed Control Device for Plumbing Tools” (hereafter “ ’401 Patent”).

(’588 Patent; ’905 Patent; ’401 Patent). Ridge is the exclusive licensee of all three patents. (2d Am.CompLUf 10,17, 26).

The ’588 Patent was issued on January 4, 2000 and discloses an invention described as follows:

The inner end of a snake or drain cleaning cable coiled in a rotatable cable storage drum of drain cleaning apparatus is provided with a torque arm which fric-tionally engages the outer wall of the drum to restrain sliding of the cable relative thereto during a drain cleaning operation. The drain cleaning apparatus is motor driven, and a cable feed device for axially displacing the cable relative to the storage drum is provided on the outer end of a flexible guide tube detachably mounted on the apparatus to facilitate an operator guiding the outer end of the table [sic] into a drain to be cleaned and advancing or retracting the cable relative to the apparatus without having to physically contact the cable.

(’588 Patent Abstract). The invention relates to the art of drain cleaning apparatus and, specifically, “to improvements in connection with transmitting torque to the drain cleaning cable in such apparatus and directing and feeding the cable into a drain or waste line to be cleaned.” (’588 Patent col. 1, ll. 4-9). The invention seeks to provide improvements to the art by considerably increasing the torque transmitted from the cable storage drum to the cable over that previously available and providing the operator with a manually operable device for feeding the cable to and from the storage drum, thus precluding him from having to manually pull or push the cable relative to the drum. (’588 Patent col. 1, ll. 51 to col. 2, ll. 2). In addition, the flexibility of the guide tube enables the operator to direct the free end of the cable such that the cable can be fed or retracted without the operator having to touch it. (’588 Patent col. 2, ll. 2-8).

The ’905 Patent was issued on June 12, 2001 and is a continuation of the application that issued as the ’588 Patent. Thus, the ’905 Patent has claims of different scope directed to the same invention covered by the ’588 Patent.

The ’401 Patent was issued on May 11, 1999 and discloses a feed control device for plumbing tools which is “particularly suited for mounting on a hand held, power driven drain cleaning apparatus” having a drain cleaning cable contained in a rotating drum, such as that covered by the ’588 and ’905 Patents. (’401 Patent Abstract). When operating such an apparatus, the operator holds the feed control device in one hand and depresses its lever when he desires to move the cable axially in or out of the drum. (’401 Patent col. 3, ll. 35-38, 51-54). Because the lever is biased outward of the housing by a spring, the cable rotates but does not travel axially in or out of the drum when the operator stops applying pressure to the lever. (’401 Patent col. 6,11. 28-57).

Ridge sells the Model K-40 family of drain cleaners in several configurations. (Rutkowski Aug. 20 Depo. 34). The plain Model K-40 Drain Cleaner has no guide hose or power feed. (Rutkowski Aug. 20 Depo. 34). The Model K-40PF Drain Cleaner has a power feed attached directly to the drain cleaner without a guide tube. (Rutkowski Aug. 20 Depo. 34). The Model K-40GPF Drain Cleaner has a guide tube attached to the drain cleaner and a power feed attached to the end of the guide tube. (Rutkowski Aug. 20 Depo. 34). According to plaintiffs, the K-40GPF is the commercial embodiment of the ’588 and ’905 Patents, while the power feed used on the K-40PF and K-40GPF is covered by the claims of the ’401 Patent.

Defendant sold the Original Model 502 Cable Machine from approximately October or November 1999 until October 19, 2000. (Sloter Depo. 65; Doc. 95 Ex. C). Rockwell Sloter testified that defendant obtained a K-40GPF sometime after a October 16, 1998 product development meeting during which the device was discussed in connection with replacing defendant’s Model 81, a drain cleaning device that had been sold by defendant since 1981. (Sloter Depo. 18, 26-27). One of the agenda items for that meeting was to discuss putting a flexible tube or “cable safety guide” over the cable of the Model 81 “like Ridge has” on the K-40GPF. (Sloter Depo. 24-25).

A Memorandum from defendant’s November 11, 1998 product development meeting lists reverse engineering the K-40GPF as a future project agenda item. (Sloter Depo. 29; Doc. 104 Ex. M). Sloter testified that the reasons for reverse engineering Ridge’s device were to “look at it” and “develop a replacement for” the Model 81. (Sloter Depo. 29-30). According to Sloter, reverse engineering a product includes visually inspecting it, taking it apart, testing it and checking its performance. (Sloter Depo. 30-31). By January 18, 1999, defendant had decided to design a drum and frame for what would become the Model 502 Cable Machines to look similar in appearance to Ridge’s K-40 line. (Sloter Depo. 39-40; Doc. 104 Ex. N). As noted above, defendant began selling its Original Model 502 Cable Machine in the fall of 1999.

Plaintiffs filed suit in this matter on February 4, 2000. (Doc. 1). In response to plaintiffs’ allegations of infringement, defendant redesigned the Original Model 502 Cable Machine and replaced it with the Modified Model 502 Cable Machine in October 2000. (Doc. 95 Ex. C). Plaintiffs allege that defendant has been and is now infringing all three patents by making, selling and offering for sale the Model 502 Cable Machines. (2d Am.Compl.¶¶ 11, 19, 27).

The Second Amended Complaint sets forth three causes of action. Count One alleges infringement of the ’401 patent. Count Two alleges infringement of the ’588 patent. Count Three alleges infringement of the ’905 patent.

Defendant asserts eight Counterclaims. Count One seeks a declaratory judgment of non-infringement of the ’588 Patent. Count Two seeks a declaratory judgment of non-infringement of the ’401 Patent. Count Three seeks a declaratory judgment of invalidity of the ’588 Patent. Count Four seeks a declaratory judgment of invalidity of the ’401 Patent. Count Six seeks a declaratory judgment of non-infringement of the ’905 Patent. Count Seven seeks a declaratory judgment of invalidity of the ’905 Patent. Count Eight seeks a declaratory judgment of unenforceability of the ’588 Patent. Count Nine seeks a declaratory judgment of unenforceability of the ’905 Patent.

STANDARD OF REVIEW

In accordance with Federal Rule of Civil Procedure 56(c), summary judgment is appropriate when there are no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing); see also LaPointe v. United Autoworkers Local 600, 8 F.3d 376, 378 (6th Cir.1993). The burden of showing the absence of any such genuine issues of material facts rests with the moving party:

[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” which it believes demonstrates the absence of a genuine issue of material fact.

Celotex, 477 U.S. at 323, 106 S.Ct. 2548. A fact is material only if its resolution might affect the outcome of the lawsuit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Once the moving party has satisfied its burden of proof, the burden then shifts to the nonmoving party pursuant to Federal Rule of Civil Procedure 56(c), which provides:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleadings, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

In ruling upon the motion, the court must afford all reasonable inferences and construe the evidence in the light most favorable to the nonmoving party. Cox v. Kentucky Dept. of Transp., 53 F.3d 146, 150 (6th Cir.1995) (citation omitted); see also United States v. Hodges X-Ray, Inc., 759 F.2d 557, 562 (6th Cir.1985). However, summary judgment should be granted if a party who bears the burden of proof at trial does not establish an essential element of his case. Tolton v. American Biodyne, Inc., 48 F.3d 937, 941 (6th Cir. 1995) (citing Celotex, 477 U.S. at 322, 106 S.Ct. 2548).

DISCUSSION

Plaintiffs move for claim construction of Claims 29 and 35 of the ’588 Patent, Claims 1 and 22 of the ’905 Patent and Claims 24, 25 and 26 of the ’401 Patent. In addition, plaintiffs move for partial summary judgment as to the infringement of Claim 29 of the ’588 Patent and Claim 24 of the ’401 Patent by the Original Model 502 Cable Machine and Claim 22 of the ’905 Patent by the Modified Model 502 Cable Machine. Plaintiffs also move for summary judgment as to the enforceability of the ’588 and ’905 Patents.

Defendant moves for summary judgment as to the infringement of the ’588 and ’905 Patents by the Modified Model 502 Cable Machine. In response to two of plaintiffs’ motions, defendant filed cross-motions for a finding of non-infringement as to Claim 29 of the ’588 Patent and Claim 24 of the ’401 Patent. Defendant also moves for summary judgment as to the invalidity of all three patents.

This Court will first address the issue of infringement of the asserted claims, which includes the construction of those claims, and then address the validity and enforceability of the patents-in-suit.

I. Infringement

“Patent infringement occurs when a device (or composition or method), that is literally covered by the claims or is equivalent to the claimed subject matter, is made, used, or sold, without the authorization of the patent holder, during the term of the patent.” Multiform Desiccants, Inc. v. Medzam, Ltd., 133 F.3d 1473, 1476 (Fed.Cir.1998). See also 35 U.S.C. § 271. A determination of infringement or non-infringement requires a two-step analysis:

First, the claims of the patent must be construed to determine their scope. Second, a determination must be made as to whether the properly construed claims read on the accused device. The first step of this analysis-claim construction-is a question of law. Accordingly, it falls upon the district court to discern the meaning of the claim language .... The second step of this analysis-the determination of whether the properly construed claims read on the accused device-is a question of fact. Thus, summary judgment.. .can only be granted if, after viewing the alleged facts in the light most favorable to the non-movant, there is no genuine issue whether the accused device is encompassed by the claims.

Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1304 (Fed. Cir.1999) (citations omitted). See also Markman v. Westview Instruments, Inc., 517 U.S. 370, 384, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996); Rexnord Corp. v. Laitram Corp., 274 F.3d 1336, 1341 (Fed.Cir-.2001); Intermatic Inc. v. Lamson & Sessions Co., 273 F.3d 1355, 1363 (Fed.Cir.2001).

Thus, in order to determine whether defendant’s Model 502 Cable Machines infringe the ’588, ’905 and/or ’401 Patents, this Court must construe the claims at issue and, in the absence of a genuine issue of material fact, determine whether those claims read on the Model 502 Cable Machines. See WMS Gaming, Inc. v. Int'l Game Tech., 184 F.3d 1339, 1346 (Fed.Cir. 1999). “An infringement issue is properly decided upon summary judgment when no reasonable jury could find that every limitation recited in the properly construed claim either is or is not found in the accused device either literally or under the doctrine of equivalents.” Gart v. Logitech, Inc., 254 F.3d 1334, 1339 (Fed.Cir.2001). See also Telemac Cellular Corp. v. Tapp Telecom, Inc., 247 F.3d 1316, 1323 (Fed. Cir.2001) (“Summary judgment is appropriate when it is apparent that only one conclusion as to infringement could be reached by a reasonable jury.”).

A. Claim Construction

Proper claim construction requires an understanding of the purposes and functions of the patent document, the statutory requirements for which are set forth in 35 U.S.C. § 112. The first two paragraphs of § 112 provide,

The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.

The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.

As explained by the Supreme Court,

It has long been understood that a patent must describe the exact scope of an invention and its manufacture to “secure to [the patentee] all to which he is entitled, [and] to apprise the public of what is still open to them.” Under the modern American system, these objectives are served by two distinct elements of a patent document. First, it contains a specification describing the invention “in such full, clear, concise, and exact terms as to enable any person skilled in the art... to make and use the same.” Second, a patent includes one or more “claims,” which “particularly poin[t] out and distinctly clai[m] the subject matter which the applicant regards as his invention.” ... The claim “define[s] the scope of a patent grant,” and functions to forbid not only exact copies of an invention, but products that go to “the heart of an invention but avoids the literal language of the claim by making a noncritical change.”

Markman, 517 U.S. at 373-374, 116 S.Ct. 1384 (citations omitted).

Claim interpretation, commonly referred to as claim construction, “is the process of giving proper meaning to the claim language.” Abtox, Inc. v. Exitron Corp., 122 F.3d 1019, 1023 (Fed.Cir.1997).

It is well-settled that, in interpreting an asserted claim, the court should look first to the intrinsic evidence of record, i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history. Such intrinsic evidence is the most significant source of the legally operative meaning of disputed claim language.

Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir.1996) (citations omitted).

Intrinsic evidence is comprised of “a hierarchy of analytical tools.” Digital Biometrics, Inc. v. Identix, Inc., 149 F.3d 1335, 1344 (Fed.Cir.1998). According to this hierarchy, claim construction must begin with an examination of the language of the claims. Rexnord, 274 F.3d at 1341. See also Mycogen Plant Science v. Monsanto Co., 243 F.3d 1316, 1327 (Fed.Cir. 2001) (“When defining a claim term, we look first to the words of the claim itself.”). “The actual words of the claim are the controlling focus.” Digital Biometrics, 149 F.3d at 1344. The general rule is that “all terms in a patent claim are to be given their plain, ordinary and accustomed meaning to one of ordinary skill in the relevant art.” Rexnord, 274 F.3d at 1342. In addition, each term in a claim “should be construed consistently with its appearance in other places in the same claim or in other claims of the same patent.” Id. “Determining the limits of a patent claim requires understanding its terms in the context in which they were used by the inventor, considered by the examiner, and understood in the field of the invention.” Toro Co. v. White Consol. Indus., Inc., 199 F.3d 1295, 1299 (Fed.Cir.1999).

However, “if ‘the term or terms chosen by the patentee so deprive the claim of clarity that there is no means by which the scope of the claim may be ascertained’ by one of ordinary skill in the art from the language used, a court must look to the specification and file history to define the ambiguous term.” Rexnord, 274 F.3d at 1343 (quoting Johnson Worldwide Assoc., Inc. v. Zebco Corp., 175 F.3d 985 (Fed.Cir.1999)). In addition, as explained by the Federal Circuit,

Once a disputed claim term is identified by the parties and its plain meaning to the ordinarily skilled artisan is ascertained by the court, the next step is to examine the written description and the drawings to confirm that the patentee’s use of the disputed terms is consistent with the meaning given to it by the court. This confirmatory step is necessary for several reasons. First, patent law permits the patentee to choose to be his or her own lexicographer by clearly setting forth an explicit definition for a claim term that could differ in scope from that which would be afforded by its ordinary meaning. Second, because a claim construction that would exclude the preferred embodiment “is rarely, if ever, correct and would require highly persuasive evidentiary support,” a court mindful of this canon of construction would need to examine the written description and the drawings to determine whether the preferred embodiment falls within the scope of a construed claim.

Furthermore, an examination of the written description and drawings is necessary to determine whether the paten-tee has disclaimed subject matter or has otherwise limited the scope of the claims.

Rexnord, 274 F.3d at 1842-1343.

“The specification, of which the claims are part, teaches about the problems solved by the claimed invention, the way the claimed invention solves those problems, and the prior art that relates to the invention.” Eastman Kodak Co. v. Goodyear Tire & Rubber Co., 114 F.3d 1547, 1554 (Fed.Cir.1997). “The specification contains a written description of the invention which must be clear and complete enough to enable those of ordinary skill in the art to make and use it.” Vitronics, 90 F.3d at 1582. Thus, it “is always highly relevant to the claim construction analysis. Usually, it is disposi-tive; it is the single best guide to the meaning of a disputed term.” Id. “When the meaning of a term used in a claim is sufficiently clear from its definition in the patent specification, that meaning shall apply.” Intermatic, 273 F.3d at 1365. The specification must be considered as a whole, and all portions of the written description must be read, “if possible, in a manner that renders the patent internally consistent.” Budde v. Harley-Davidson, Inc., 250 F.3d 1369, 1379-1380 (Fed.Cir. 2001).

However, a patent applicant “is not required to describe in the specification every conceivable and possible future embodiment of his invention.” Rexnord, 274 F.3d at 1344. A claim is not rendered invalid “simply because it embraces subject matter that is not specifically illustrated.” Wang Lab., Inc. v. Am. Online, Inc., 197 F.3d 1377, 1383 (Fed.Cir.1999). Although the claims are informed by the specifications, “it is the claims that measure the invention.” Rexnord, 274 F.3d at 1344. If claims “were to be limited to devices operated precisely as a specification-described embodiment is operated, there would be no need for claims. Nor could an applicant, regardless of the prior art, claim more broadly than that embodiment.” SRI Int’l. v. Matsushita Elec. Corp. of Am., 775 F.2d 1107, 1121 (Fed. Cir.1985). As the Federal Circuit has repeatedly noted, “Specifications teach. Claims claim.” Rexnord, 274 F.3d at 1344 (quoting SRI Int’l, 775 F.2d 1107).

Thus, “it is generally impermissible to limit claim terms by a preferred embodiment or inferences drawn from the description of a preferred embodiment.” Bell Atlantic Network Serv., Inc. v. Covad Communications Group, Inc., 262 F.3d 1258, 1273 (Fed.Cir.2001). While at times there is “a fine line between reading a claim in light of the specification, and reading a limitation into the claim from the specification,” Comark Communications, Inc. v. Harris Corp., 156 F.3d 1182, 1186 (Fed.Cir.1998), that line must not be crossed. See also Gart, 254 F.3d at 1343 (“[B]road claims supported by the written description should not be limited in their interpretation to a preferred embodiment.”); Burke, Inc. v. Bruno Indep. Living Aids, Inc., 183 F.3d 1334, 1341 (Fed. Cir.1999) (“[A]n attribute of the preferred embodiment cannot be read into the claim as a limitation.”); Laitram Corp. v. Cambridge Wire Cloth Co., 863 F.2d 855, 865 (Fed.Cir.1988) (“References to a preferred embodiment, such as those often present in a specification, are not claim limitations.”).

Whether an invention is fairly claimed more broadly than the “preferred embodiment” in the specification is a question specific to the content of the specification, the context in which the embodiment is described, the prosecution history, and if appropriate the pri- or art, for claims should be construed, when feasible, to sustain their validity.

Wang, 197 F.3d at 1383.

Finally, the prosecution history should be examined, if in evidence, “since statements made during the prosecution of a patent may affect the scope of the invention.” Rexnord, 274 F.3d at 1343. The prosecution history, also referred to as the file wrapper, “contains the complete' record of all the proceedings before the Patent and Trademark Office, including any express representations made by the applicant regarding the scope of the claims.” Bell Atlantic, 262 F.3d at 1268. An examination of the prosecution history reveals “whether the patentee has relinquished a potential claim construction in an amendment to the claim or in an argument to overcome or distinguish a reference.” Id. See Standard Oil Co. v. Am. Cyanamid Co., 774 F.2d 448, 452 (Fed.Cir.1985) (“The prosecution history.. .limits the interpretation of claims so as to .exclude any interpretation that may have been disclaimed or disavowed during prosecution in order to obtain claim allowance.”). However, “limitations cannot be read into the claims from the... prosecution history.” Burke, 183 F.3d at 1340.

A “comprehensive examination of the claims, the specification, and the prosecution history.. .serves to ensure that all pertinent intrinsic evidence is considered in the proper interpretation of a claim.” Rexnord, 274 F.3d at 1343.

[I]f the meaning of the claim limitation is apparent from the intrinsic evidence alone, it is improper to rely on extrinsic evidence other than that used to ascertain the ordinary meaning of the claim limitation. However, in the rare circumstance that the court is unable to determine the meaning of the asserted claims after assessing the intrinsic evidence, it may look to additional evidence that is extrinsic to the complete document record to help resolve any lack of clarity. This additional extrinsic 'evidence includes such evidence as expert testimony, articles, and inventor testimony. This extrinsic evidence may be used only to assist in the proper understanding of the disputed limitation; it may not be used to vary, contradict, expand, or limit the claim language from how it is defined, even by implication, in the specification or file history.

Bell Atlantic, 262 F.3d at 1268-1269 (citations omitted). “Patents should be interpreted on the basis of their intrinsic record, not on the testimony of such after-the-fact ‘experts’ that played no part in the creation and prosecution of the patent.” Bell & Howell Document Mgmt. Prods. Co. v. Altek Sys., 132 F.3d 701, 706 (Fed. Cir.1997).

While extrinsic evidence may be used to enhance the Court’s general understanding of the technology at issue, it “cannot be used to contradict the established meaning of the claim language.” Gart, 254 F.3d at 1340. See also Pitney Bowes, 182 F.3d at 1308 (stating district court’s reliance on “expert testimony and other extrinsic evidence solely to help it understand the underlying technology” is not improper); Bell & Howell, 132 F.3d at 706.

The Federal Circuit has recognized that “the ‘ordinary and accustomed’ meaning of a claim term will often be in dispute, irrespective of the clarity of the terms used.” K-2 Corp., 191 F.3d at 1365. See also Senmed, Inc. v. Richard-Allan Med. Indus., Inc., 888 F.2d 815, 819 (Fed.Cir.1989) (“Lawyers may create a ‘dispute’ about any word.”).

But a dispute over the ordinary and accustomed meaning does not imply that such a meaning does not exist.... [C]laim construction is not philosophy; we need not wring our hands when considering the implications of a metaphysical analysis of claim terms. Instead, we need only recognize that claim construction is firmly anchored in reality by the understanding of those of ordinary skill in the art.

K-2 Corp., 191 F.3d at 1365.

Plaintiffs argue that each word and phrase contained in the asserted claims should be given its ordinary and accustomed meaning in light of the patents’ claims, specifications and prosecution histories. Plaintiffs contend that none of the asserted claims contain specially-defined words and resort to extrinsic evidence is unnecessary.

Defendant does not directly address all of the words and phrases at issue in plaintiffs’ asserted claims. In fact, defendant does not even mention several of the phrases discussed by plaintiffs. As to these phrases, this Court assumes that defendant accepts plaintiffs’ construction.

As to the remaining phrases, defendant’s argument essentially rests on its implied contention that the asserted claims must be construed to encompass only the preferred embodiments disclosed in the patents. According to defendant, there are only-'three words which must be construed to require a finding of non-infringement as a matter of law: “mounted,” “supported” and “adjacent.” Defendant claims that these three words all have the same meaning, i.e., “directly attached to.”

1. The’588 Patent

Plaintiffs move this Court to construe several phrases contained in Claims 29 and 35 of the ’588 Patent, each of which is set forth separately below.

a. Claim 29

Claim 29 of the ’588 Patent claims,

Drain cleaning apparatus, comprising a frame, a cable drum supported on said frame for rotation about a drum axis, said drum having axially spaced front and rear ends and an opening through said front end, a drain cleaning cable coiled in said drum about said axis and having an end for extending through said opening and into a drain to be cleaned, a drive motor supported on said frame for rotating said drum and cable, said frame including a frame portion outwardly adjacent said opening, a guide tube for receiving said end of said cable, said guide tube having an inner end mounted on said frame portion and an outer end spaced from said frame portion, said guide tube being flexible between said inner and outer ends for directing said outer end toward a drain to be cleaned, and a manually operable cable feed device on said outer end of said guide tube for selectively axially displacing said cable relative to said drum during rotation of said drum and cable about said drum axis.

(’588 Patent col. 11,11. 30-46).

i. “said frame including a frame portion outwardly adjacent said opening”

Plaintiffs argue that the word “outwardly” should be construed as meaning “on the outside” or “externally” such that Claim 29 requires the frame portion to be on the outside of or external to the drum opening.

Defendant argues that the words “outwardly adjacent” require that the frame portion be in front of the drum opening in the direction of the guide tube. According to defendant, the specification defines the opening of the drum to be the orifice at the extreme end of the hub and collar assembly. Because the figures show that the frame extends “in front of’ or “outward from” that opening, defendant contends that Claim 29 requires that the frame portion extend “forwardly of’ or “in front of’ the drum. Defendant argues that plaintiffs have failed to establish that a person skilled in the art would understand another location for the frame portion that would allow the guide tube to be mounted such that it could receive the cable from the drum.

This Court finds that the plain and ordinary meaning of the phrase “said frame including a frame portion outwardly adjacent said opening” requires that the frame portion be next to or in close proximity to and outside of or external to the drum opening. The plain and ordinary meaning of that phrase does not require that the frame portion be both next to and in front of the drum opening. None of the terms at issue are technical, nor have they been assigned a special meaning by the paten-tee. This Court will not read an additional requirement into the plain language of Claim 29 that the frame portion be in front of the drum opening. While the drawings of the ’588 Patent show the frame portion 18a in front of, as well as outside of, the drum opening, the unmodified claim language can not be limited by a preferred embodiment or inferences drawn from its description.

An examination of other portions of the ’588 Patent indicate that the patent applicant knew how to modify the word “outwardly” when it intended to do so. For example, Claim 31 provides that the “drive actuating means” is biased “radially outwardly of the passage.” (’588 Patent col. 11, ll. 58-59).

The parties have pointed to nothing in the prosecution history which reflects on the construction of this phrase, and the use of extrinsic evidence would be improper. Thus, this Court will construe the phrase according to its plain meaning as set forth above.

ii. “a guide tube for receiving said end of said cable, said guide tube having an inner end mounted on said frame portion”

Plaintiffs argue that the word “mounted” should be construed such that Claim 29 requires that the inner end of the guide tube be directly or indirectly mounted on the frame portion. In addition, according to plaintiffs’ proposed construction, the inner guide tube is removable, i.e., it need not be permanently fixed to the frame portion.

Defendant argues that Claim 29 of the ’588 Patent requires direct physical contact between the guide tube and the frame. Defendant’s argument is based largely on its contention that the mounting bracket is part of the frame. Thus, according to defendant, the ’588 Patent “teach[es] the use of a guide tube attached directly to a frame.” Defendant claims that the embodiments in the ’588 Patent show a direct connection between the guide hose and the frame. Defendant also argues that the prosecution history of the ’588 Patent distinguishes prior art which teaches a guide tube attached directly to the drum. Finally, defendant argues that plaintiffs’ proposed construction ignores the testimony of the sole inventor. Defendant does not address the issue of the detaehability of the guide tube.

This Court finds that the plain and ordinary meaning of the phrase “said guide tube having an inner end mounted on said frame portion” does not require that the inner end of the guide tube be directly and permanently in contact with the frame. Rather, this Court finds that the word “mounted” requires that the inner end of the guide tube be directly or indirectly (and detachably) connected to the frame. If defendant’s construction of the phrase were to be accepted, additional limitations would be added to the claim language which are not currently present. There is no requirement in the ’588 Patent that the guide tube be in direct contact with the frame portion. To the contrary, the very nature of mounting requires intermediate mounting elements.

In addition, under defendant’s interpretation of Claim 29, the preferred embodiment of the ’588 Patent would be excluded. Absent compelling evidence, such a construction cannot be accepted. In the specification, the guide tube is connected to the frame through several intermediate parts, including a mounting bracket 124 and a coupling arrangement 202. (’588 Patent col. 7, ll. 66 to col. 8, ll. 5). In addition, the Description of the Preferred Embodiments provides,

In accordance with yet another aspect of the invention, as shown in FIGS. 7 and 8 of the drawing, drain cleaning cable feed device 122 is mounted on the outer end of a flexible guide tube assembly 196 having its inner end detachably connected to adaptor 188 of mounting bracket m.

(’588 Patent col. 7, ll. 36-39) (emphasis added). Thus, in the preferred embodiment, the guide tube is removable and does not directly come in contact with the frame.

Contrary to defendant’s argument, nothing in the ’588 Patent indicates that mounting bracket 124 is part of the frame. As set forth below, Claim 35 claims “a mounting bracket on said frame portion.” (’588 Patent col. 12, ll. 7) (emphasis added). In addition, the specifications and figures clearly indicate that the mounting bracket 124 and the frame portion 18a are separate elements. For example, the Description of the Preferred Embodiments states,

As mentioned above, cable feed device 122 is adapted to be mounted on frame portion 18a by means of a mounting bracket 124. As seen in FIGS. 5 and 6, mounting bracket 124 includes an L-shaped bracket plating having a vertical leg 180 and a horizontal leg 182 extending forwardly from the lower end thereof and secured to the frame portion 18a such as by a pair of bolts 184 extending upwardly through openings therefore in frame portion 18a and into threaded engagement with nuts 185 welded on leg 182 of the bracket plate.

(’588 Patent col. 6, ll. 61 to col. 7, ll. 2). See also Engel Indus., Inc. v. Lockformer Co., 96 F.3d 1398, 1405 (Fed.Cir.1996). Because the frame portion and the mounting bracket are not one and the same thing, defendant’s arguments regarding the embodiments shown must fail. As noted above, the specification clearly teaches intermediate elements between the inner end of the guide tube and the frame portion.

Defendant argues that plaintiffs distinguished the guide tube configurations in the prior art, which involved a direct connection between the guide tube and the drum, from its guide tube configuration, which involves a direct connection between the guide tube and the frame. Thus, according to defendant, plaintiffs “disavowed what the prior art shows: direct connections between the drum and the guide tube.”

An Information Disclosure Statement (hereafter “IDS”) filed on July 16, 1998, states,

The patents identified on Form PTO-1449 attached hereto and which patents are discussed below, represent the most relevant prior art presently known to applicant in connection with the subject matter of the above-identified patent application.

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4,570,281 to Boelens discloses a motorized snake drum having a guide tube within the drum and a tubular operating sleeve coupled to the outlet end of the drum.

(Doc. 96 Ex. F). A Supplemental IDS filed on December 13, 1999, fists additional relevant prior art and states,

None of the prior art submitted herewith discloses drain cleaning apparatus including a flexible guide tube for receiving a drain cleaning cable and having an inner end supported on the apparatus frame and a manually operable cable feed device on the outer end of the guide tube.

(Doc. 96 Ex. G).

“An IDS is part of the prosecution history on which the examiner, the courts, and the public are entitled to rely.” Ekchian v. Home Depot, Inc., 104 F.3d 1299, 1304 (Fed.Cir.1997). In an IDS, a patent applicant may distinguish “his invention from the submitted prior art as a kind of preemptive strike against a potential rejection.” Id. Such distinctions “may affect the scope of the patent ultimately granted.” Id. For this reason, “statements made in an IDS can be the basis for a court to interpret the scope of the claims of a granted patent.” Id. “[B]y distinguishing the claimed invention over the prior art, an applicant is indicating what the claims do not cover, [and] he is by implication surrendering such protection.” Id.

Thus, the IDS and Supplemental IDS are relevant to the construction of Claim 29 of the ’588 Patent. However, this Court finds that defendant’s argument reads too much into those documents. As noted by plaintiffs, it is the very rare patent that does not recite at least one structure that existed in the prior art. One test for patentability is whether the claimed invention combines old structures in a new way. As noted by the Federal Circuit, efforts to establish that each individual claim limitation “may be found somewhere in the prior art [are] unavailing.” Rosemount, Inc. v. Beckman Instruments, Inc., 727 F.2d 1540, 1546 (Fed. Cir.1984). “[A] combination may be patentable whether it be composed of elements all new, partly new, or all old.” Id. Nothing in the prosecution history establishes that plaintiffs distinguished the relevant prior art based on the fact that the guide hose was indirectly mounted on the frame. A valid distinction between the Boelens Patent (and other disclosed prior art) and the ’588 Patent does not require the disavowment of a guide tube indirectly and detachably mounted on the frame. Thus, the evidence submitted fails to show that plaintiffs disavowed the construction of “mounted” they now seek. Cf. K-2 Corp. v. Salomon S.A., 191 F.3d 1356, 1369 (Fed.Cir.1999) (finding patentee disavowed detachable design where “patent would probably not have been (re)issued without the amendments” claiming permanent attachment).

It is important to note that, contrary to defendant’s implication, plaintiffs do not ask that Claim 29 be construed to literally cover devices with guide tubes having an inner end mounted on the drum. Plaintiffs merely move this Court for a construction of the word “mounted” such that Claim 29 requires that the inner end of the guide tube be directly or indirectly detach-ably connected to the frame portion.

Defendant’s reliance on the testimony of Rutkowski is misplaced. The use of this extrinsic evidence would be improper because the meaning of the claim limitation is apparent from the intrinsic evidence alone. Inventor testimony may not be used to vary, contradict, expand or limit claim language from how it is defined in the specification or file history.

Thus, this Court will construe the phrase according to its plain meaning as set forth above.

iii. “a manually operable cable feed device on said outer end”

Plaintiffs argue that the words “manually operable” should be construed as meaning “hand operable” as opposed to automatic or non-hand operable. According to plaintiffs, an operator of the ’588 Patent is able to hand operate the device for feeding the cable instead of having to push or pull the cable with his hand.

Defendant does not present any argument regarding the construction of this phrase.

This Court finds that the plain and ordinary meaning of the phrase “a manually operable cable feed device” requires a cable feed device which is operated by hand and is not automatic. None of the terms at issue are technical, nor have they been assigned a special meaning by the paten-tee. In addition, plaintiffs’ construction of the phrase is supported by the Summary of the Invention, which states in part,

In accordance with another aspect of the invention, the outer or free end of a drain cleaning cable extends through a flexible guide tube which is provided on its outer end with a manually operable device for feed the cable from and to the storage drum, thus to preclude an operator having to manually pull or push the cable relative to the drum.

(’588 Patent col. 1, ll. 64 to col. 2,11. 2).

iv. “for selectively axially displacing said cable relative to said drum during rotation”

Plaintiffs argue that the words “selectively axially displacing said cable” should be construed as meaning that the operator may select between feeding the cable in or out of the drum or having the cable remain axially stationary or neutral. According to plaintiffs, the phrase indicates that the driving mechanism of the cable feed device is not always engaged.

Defendant does not present any argument regarding the construction of this phrase.

This Court finds that the plain and ordinary meaning of the phrase “for selectively axially displacing said cable relative to said drum during rotation” requires that, while the drum is rotating, the operator be able to feed the cable in or out of the drum or maintain the cable in a stationary position relative to the drum. Of course, the cable continues to turn on its axis while the drum is rotating.

b. Claim 35

Claim 35 of the ’588 Patent, which is dependant on Claim 29 and adds a limitation, claims,

Drain cleaning apparatus according to claim 29, further including a mounting bracket on said frame portion, said guide tube including a hose of elastom-eric material having opposite ends, said inner end of said guide tube comprising coupling means on one of said ends of said hose for connecting said hose to said mounting bracket, and said outer end of said guide tube comprising means on the other end of said hose for connecting said hose to said feed device.

(’588 Patent col. 12, ll. 6-13).

Plaintiffs contend, and defendant does not dispute, that the two claim limitations at issue in Claim 35 are presented in means-plus-function format. Thus, according to plaintiffs, the limitations must be interpreted according to 35 U.S.C. § 112 ¶ 6. For each phrase, plaintiffs ask that this Court identify the functions recited in the claim and then the corresponding structures described in the specification that perform those functions.

35 U.S.C. § 112 ¶ 6 provides,

An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.

A means-plus-function limitation “recites a function to be performed rather than definite structure or materials for performing that function. Such a limitation must be construed ‘to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.’ ” Chiuminatta Concrete Concepts, Inc. v. Cardinal Indus., Inc., 145 F.3d 1303, 1307-1308 (Fed.Cir.1998) (citations omitted).

“In construing means-plus-function claim limitations, a court must first define the particular function claimed.” Budde, 250 F.3d at 1376. Next, “the court must identify ‘the corresponding structure, material, or acts described in the specification.’ ” Id. The scope of the claim limitation cannot be measured “until the structure corresponding to the claimed function in a means-plus-function limitation is identified and considered.” Id.

“Determining the claimed function and the corresponding structure for a claim limitation written in means-plus-function format are both matters of claim construction.” WMS Gaming, 184 F.3d at 1347.

i. “said inner end of said guide tube comprising coupling means on one of said ends of said hose for connecting said hose to said mounting bracket”

Plaintiffs contend that the recited function in this phrase is “for connecting said hose to said mounting bracket” and the corresponding structure described in the specification is coupling arrangement 202 and all equivalents thereof. Plaintiffs further contend that the words “on one of said ends of said hose” merely provide the location of the coupling means and are not part of the recited function.

Defendant argues that Claim 35 makes clear that the frame can include a mounting bracket. As indicated above, defendant’s argument on this point lacks merit. In fact, this Court is hard pressed to imagine how Claim 35 could be read in such a way.

Defendant does not, however, specifically dispute plaintiffs’ construction of the function and corresponding structure of the phrase at issue. This Court agrees with plaintiffs’ construction of this phrase.

ii. “said outer end of said guide tube comprising means on the other end of said hose for connecting said hose to said feed device”

Plaintiffs contend that the recited function in this phrase is “for connecting said hose to said feed device” and the corresponding structure described in the specification is coupling arrangement 200 and all equivalents thereof. Plaintiffs further contend that the words “on the other end of said hose” merely provide the location of the coupling means and are not part of the recited function.

Defendant does not present any argument regarding the construction of this phrase.

This Court agrees with plaintiffs’ construction of this phrase which defendant does not dispute.

2. The ’905 Patent

Plaintiffs move this Court to construe several phrases contained in Claims 1 and 22 of the ’905 Patent, each of which is set forth separately below. The ’905 Patent is a continuation of the ’588 Patent and, thus, relies on the same specification.

a. Claim 1

Claim 1 of the ’905 Patent claims,

Drain cleaning apparatus comprising a frame, a cable drum supported on said frame for rotation about a drum axis, said drum having axially spaced front and rear ends and an opening through said front end, a drain cleaning cable coiled in said drum about said axis and having an end for extending through said opening and into a drain to be cleaned, drive means on said frame for rotating said drum and cable, a flexible guide tube for receiving said end of said cable, said guide tube having an inner end supported on said frame and an outer end spaced from said inner end, and a manually operable cable feed device on said outer end of said guide tube for selectively axially displacing said cable relative to said drum during rota tion of said drum and cable about said drum axis.

(’905 Patent col. 9,11. 2-15).

i. “drive means on said frame for rotating said drum and cable”

Plaintiffs contend that this phrase is presented in means-plus-function format. According to plaintiffs, the recited function is “for rotating said drum and cable” and the corresponding structures described in the specification are a reversible motor 34, a pulley 36, a pulley 40 and an endless belt 42 and all equivalents thereof.

Defendant does not present any argument regarding the construction of this phrase.

This Court agrees with plaintiffs’ construction of this phrase which defendant does not dispute.

ii. “said guide tube having an inner end supported on said frame and an outer end spaced from said inner end”

Plaintiffs argue that the word “supported” should be construed such that Claim 1 requires that the frame provide support directly or indirectly for the inner end of the guide tube.

Defendant argues that Claim 1 requires that the guide tube have “some contact with the frame in order to provide support.”

This Court finds that the plain and ordinary meaning of the phrase “said guide tube having an inner end supported on said frame portion” does not require that the inner end of the guide tube be directly in contact with the frame. If defendant’s construction of the phrase were to be accepted, an additional limitation would be added to the claim language which is not currently present. In addition, as discussed above, defendant’s construction excludes the preferred embodiment. Instead, this Court finds that the asserted claim language merely requires that the

frame provide direct or indirect support for the inner end of the guide tube.

None of the terms at issue are technical, nor have they been assigned a special meaning by the patentee. Other than the evidence already rejected above, the parties have pointed to nothing in the prosecution history which reflects on the construction of this phrase, and the use of extrinsic evidence would be improper. Thus, this Court will construe the phrase according to its plain meaning as set forth above.

iii.“a manually operable cable feed device ... for selectively axially displacing said cable relative to said drum during rotation”

Plaintiffs argue that the same construction of this phrase discussed above with respect to the ’588 Patent is applicable to Claim 1 of the ’905 Patent.

Defendant does not present any argument regarding the construction of this phrase.

This Court agrees with plaintiffs’ construction of this phrase which defendant does not dispute.

b. Claim 22

Claim 22 of the ’905 Patent claims,

Drain cleaning apparatus comprising:

a frame;

a cable drum supported by the frame for rotation about a drum axis, the drum having axially spaced front and rear ends and an opening through the front end;

a drain cleaning cable coiled in the drum about the axis and having an end extending through the drum;

a drive motor supported by the frame for rotating the drum and cable;

a guide tube for receiving the end of the cable, the guide Uibe having a first end [adjacent] the drum opening and a second end spaced from the drum opening, the guide tube being flexible between the first and second ends for directing the cable toward a drain to be cleaned; and,

a manually operable cable feed device coupled to the second end of the guide tube for selectively axially displacing the cable relative to the guide tube during rotation of the drum and cable about the drum axis, the cable having an end for extending through the drum opening, into the first end of the guide tube, out of the second end of the guide tube, and into a drain to be cleaned.

(’905 Patent col. 11, LL. 10 to col 12, ll. 15).

i. “a guide tube for receiving the end of the cable, the guide tube having a first end [adjacent] the drum opening and a second end spaced from the drum opening”

Plaintiffs argue that the phrase “adjacent the drum opening” should be construed as meaning that the first end of the guide tube is “in close proximity to” or “next to” the drum opening.

Defendant argues that Claim 22 “obviously requires some physical structure to make the guide tube ‘adjacent the drum opening’—i.e., a frame for support.”

This Court agrees with plaintiffs that the ordinary and accustomed meaning of the word “adjacent” is “in close proximity to” or “next to.” As claimed, the cable has “an end for extending through the drum opening.” The claimed purpose of the guide tube is “for receiving the end of the cable.” Thus, the drum opening and the guide tube must be in close proximity to or next to each other.

The specification of the ’905 Patent supports this conclusion. A comparison of the Drawing Sheets and Description of Preferred Embodiments reveals that when the term “adjacent” is used, the elements discussed are in close proximity to or next to each other. Compare col. 4, ll. 40-41 (“[A]s best seen in Figs. 3 and 4 of the drawing, cable 70 has an inner end 98 disposed adjacent the juncture between outer wall 86 and rear wall 88.”) with Figs. 3 and 4 and col. 5, ll. 5-9 (“As will be appreciated from Fig. 3, leg 104 of the torque arm is adjacent outer wall 86 of the cartridge housing and extends from the juncture between outer wall 86 and rear wall 88 to a point adjacent the juncture between the outer wall and front wall 94.”) with Fig. 3.

Contrary to defendant’s argument, Claim 22 does not obviously require that the frame directly support the guide tube. Claim 22 indicates that the cable drum and drive motor are supported by the frame. However, Claim 22 says nothing about support for the inner end of the guide tube which is adjacent the drum opening.

Other than the evidence already rejected above, the parties have pointed to nothing in the prosecution history which reflects on the construction of this phrase, and the use of extrinsic evidence would be improper. Thus, this Court will construe the phrase according to its plain meaning as set forth above.

ii. “a manually operable cable feed device ... for selectively axially displacing the cable relative to the guide tube during rotation of the drum”

Plaintiffs argue that the same construction of this phrase discussed above with respect to the ’588 Patent is applicable to Claim 22 of the ’905 Patent.

Defendant does not present any argument regarding the construction of this phrase.

This Court agrees with plaintiffs’ construction of this phrase which defendant does not dispute.

3. The ’401 Patent

Plaintiffs move this Court to construe several phrases contained in Claims 24, 25 and 26 of the ’401 Patent, each of which is set forth separately below. Defendant has failed to present argument concerning claim construction with regard to the ’401 Patent.

a. Claim 24

Claim 24 of the ’401 Patent claims,

A feed control device for use with a plumbing tool including an elongate flexible snake having a snake axis, and means for rotating the snake about said axis, comprising: a housing having a housing axis and a passage axially therethrough for receiving said snake, snake driving roll means supported on said housing, radially displaceable drive actuating means removably supported on said housing for displacing said snake against said snake driving roll means, said drive actuating means having a radially outer end, a lever pivotally mounted on said housing for engaging said outer end and radially displacing said drive actuating means against said snake, and said lever and said outer end including means interengaging for said lever to releasably hold said drive actuating means on said housing against removal therefrom.

(’401 Patent col 10,11. 42-56).

i. “a passage axially therethrough”

Plaintiffs argue that the phrase “a passage axially therethrough” should be construed as meaning that “the passage must be through the housing material and not merely on or near the housing, such as would occur with a surface groove.” Plaintiffs contend that the ordinary and accustomed meaning of the claim language supports their construction, as does the specification. In addition, plaintiffs point to Figure 1 of the ’401 Patent, which shows passage 22 extending axially through housing 12 to receive the snake.

This Court agrees with plaintiffs’ construction of this phrase which defendant does not dispute.

ii. “removably supported on said housing”

Plaintiffs argue that the phrase “removably supported on said housing” should be construed to require that the drive actuating means be capable of being readily removed from the housing. Plaintiffs contend that the ordinary and accustomed meaning of the claim language supports their construction, as does the specification. Specifically, plaintiffs compare the ’401 Patent’s discussion of prior art with its Description of a Preferred Embodiment:

In all of the feed control arrangements heretofore available for use in connection with power driven drain cleaning apparatus, including those specifically referenced above, the control arrangements are structurally complex, difficult to access with respect to cleaning and/or performing maintenance and replacement operations with respect to parts thereof, and require time-consuming adjustments or disassembly operations in connection with the initial feeding of the enlarged auger contoured end of the snake or an auger or blade attachment thereon through the feed device. In this respect, for example, the feed rolls are enclosed in a housing and cannot be accessed for cleaning, maintenance or replacement without at least partial dis-assembly of the housing, or removal of the rolls, whereby access in any event requires considerable time and effort. In all of the arrangements in which the feed rolls are radially adjustable relative to an opening through the housing which receives the snake, the supporting structures a