Full opinion text
OPINION FEIKENS, District Judge. Introduction Before me is a multi-patent infringement dispute between competitors in the automotive wheel cover industry. Defendants McKechnie Vehicle Components USA, Inc. (“McKechnie”) and Hayes Wheels International, Inc. (“Hayes”) have jointly filed six cross-motions for partial summary judgment, raising numerous issues of literal noninfringement and patent validity. Plaintiff Lacks Industries, Inc. (“Lacks”) has filed a cross-motion for partial summary judgment on the issue of literal infringement. I. Background All three parties are involved in the manufacture and sales of cladded wheels: automotive wheels that have a decorative cover, or cladding, attached to their outer face (the side facing out from the automobile). Cost and aesthetic considerations have driven the development of cladded wheels. Automobile buyers increasingly desire wheels with a shiny chrome look, and automobile manufacturers and suppliers want to meet this growing consumer demand without having to plate the entire wheel in chrome — apparently an expensive process. Chrome-plated cladding is the compromise. Attached as a snug, plastic or metal skin over the outer wheel face, cladding gives the wheel a chrome look, but at less cost than full chrome-plating of the wheel itself. On June 25, 1992, plaintiffs Product Development Director, Lee Chase, filed a patent application, No. 904,180, with the U.S. Patent Office, in which he claimed various cladded wheel inventions. During the course of its prosecution, that original application was divided into at least two parts. One part, re-filed on June 7, 1995, was later issued as U.S. Patent No. 5,577,-809 (“the ’809 patent”) on November 26, 1996. The other part, re-filed on March 29, 1995, was later issued as U.S. Patent No. 5,636,906 (“the ’906 patent”) on June 10, 1997. Further experiments led Chase to apply for a third patent on June 6, 1995. This application resulted in U.S. Patent No. 5,597,213 (“the ’213 patent”). Chase is listed as the inventor on all three patents, and Lacks as the assignee. Lacks presently manufactures, assembles, and sells a cladded wheel product based on the ’809,-’906, and ’213 patents. In mid-1992, Jeff Beam, an employee of defendant McKechnie, also conceived a cladded wheel invention. He filed his application on September 3, 1993, and the patent was issued on November 29, 1994 as No. 5,368,370 (“the ’370 patent” or “the Beam patent”). Beam is listed as the inventor, and McKechnie as the assignee. McKechnie has worked with Hayes to manufacture, assemble, and sell a cladded wheel product based on the ’370 patent. Lacks’ suit against McKechnie and Hayes alleges infringement of its ’809,-’906, and ’213 patents. These defendants have argued in response that their accused product does not infringe Lacks’ patents and that Lacks’ patents are invalid and unenforceable. A consent order issued August 7, 1998 dismissed with prejudice certain claims of the ’809, ’906, and ’213 patents. The parties’ seven summary judgment motions address issues arising out of the remaining claims. 11. Summary Judgment Standard Federal Rule of Civil Procedure 56(c) provides that a summary judgment shall issue “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” A genuine issue of material fact does not exist “[wjhere the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The movant has the burden of showing that no genuine issue of material fact exists. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the movant meets its Rule 56(c) burden, the nonmovant “must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). “The mere existence of a scintilla of evh dence in support of the [nonmovant’s] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmovant].” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). When weighing the evidence offered by the parties on a motion for summary judgment, I must view the evidence and all inferences drawn from that evidence “in the light most favorable to the party opposing the motion.” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. III. Literal Infringement In its cross-motion for partial summary judgment, Lacks asserts that defendants have literally infringed claim 1 of its ’809 patent,' claims 1, 11, and 16 of its ’906 patent, and claims 25 and 40 of its ’213 patent. In their motions for partial summary judgment, defendants assert literal noninfringement with respect to claims 1 and 2 of the ’809 patent, claims 1, 2, 4-6, 8, 9, 11, 12, and 14-16 of the ’906 patent, and claims 1, 3, 7-9, 32, 35, 37-39, and 40 of the ’213 patent. Because Lacks does not contest defendants’ literal noninfringement assertions with respect to claims 7, 9, 32, 35, 37, 38, and 39 of the ’213 patent, only claims 1, 3, 8, 25, and 40 of that patent are in dispute in the noninfringement motions before me. The parties do not raise an issue of infringement under the doctrine of equivalents. To establish literal infringement, “every limitation set forth in a claim must be found in the accused product or process exactly.” Becton Dickinson and Co. v. C.R. Bard, Inc., 922 F.2d 792, 796 (Fed.Cir.1990). Determining literal infringement is a “two-step process.” Id. In the first step I must determine the 'meaning and scope of the claims in dispute: a step “more commonly known as claim construction.” Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed.Cir.1995). The second step requires me to compare the construed claims with the product or process accused of infringement. Id. The first step is a question of law, see id. at 979, while the second step is a question of fact, see North American Vaccine v. American Cyanamid Co., 1 F.3d 1571, 1574 (Fed.Cir.1993). When construing a claim under the first step, I must consider the intrinsic evidence of record: the claim language, the specification, and, if produced, the prosecution history. See Markman, 52 F.3d at 979. “The appropriate starting point, however, is always with the language of the asserted claim itself.” Phonometrics, Inc. v. Northern Telecom, Inc., 133 F.3d 1459, 1464 (Fed.Cir.1998). This is so because “[t]he language of the claims... defines the bounds of the patentee’s exclusive rights.” Wiener v. NEC Electronics, Inc., 102 F.3d 534, 539 (Fed.Cir.1996). In construing the claim language at issue, I am guided by the principle that “claim language is interpreted to ascertain the meaning that a person of ordinary skill in the art would give to the claims in dispute.” Schering Corp. v. Amgen, Inc., 18 F.Supp.2d 372, 380 (D.Del.1998) (citing Wiener, 102 F.3d at 539). Although words in a claim generally have their ordinary meaning, “a patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file history.” Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). Even when a patentee does not give a word a special meaning, the specification still “acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication.” Id. As such, the specification is often “the single best guide to the meaning of a disputed term.” Id. If the intrinsic evidence does not resolve the ambiguities of disputed claim language, I may then consider extrinsic evidence, such as expert testimony regarding how those skilled in the art would interpret the disputed claim. See id. at 1588. While extrinsic evidence may be used “as an aid in arriving at the proper construction of the claim,” it “may not be used to vary or contradict the otherwise unambiguous meaning of the claim.” Desper Products, Inc. v. QSound Labs., Inc., 157 F.3d 1325, 1333 (Fed.Cir.1998). In most cases, intrinsic evidence will suffice to resolve ambiguity, and so, in those cases, any consideration of the extrinsic evidence would be “improper.” See Vitronics, 90 F.3d at 1583. The parties have not formally treated the Markman issue of claim construction as separate from the other issues in this case. In other words, the parties have subsumed their disputes over the meaning and scope of claim language within their 'larger arguments concerning literal infringement and/or validity. I do not find this problematic, however, because they have thoroughly identified the disputed claims — through their extensive pleadings and three hearings before me — and have, for the most part, either explicitly or implicitly offered their preferred constructions of those claims. Based on the record before me, I am satisfied that I can “independently assess the claims, the specification, and if necessary the prosecution history, and relevant extrinsic evidence, and declare the meaning of the claims.” Exxon Chemical Patents, Inc. v. Lubrizol Corp., 64 F.3d 1553, 1556 (Fed.Cir.1995). The claims I interpret are those the parties have debated with respect to their meaning and scope. I emphasize that my Markman construction of the disputed claims serves only to determine the meaning a person of ordinary skill in the art of cladded wheels would give to those claims. See Wiener, 102 F.3d at 539. With these points in mind, I turn to my duty under Markman to interpret the scope of the disputed claims of the ’809,-’906, and ’213 patents. I will consider the legally distinct issue of indefiniteness separately. See Internet Am., Inc. v. Kee-Vet Labs., Inc., 887 F.2d 1050, 1053 (Fed.Cir.1989) (“Ambiguity, undue breadth, vagueness, and triviality are matters which go to claim validity for failure to comply with 35 U.S.C. § 112, ¶ 2, not to interpretation or construction”) (emphasis in original). A. Claim Construction 1. The ’809 Patent Lacks’ ’809 patent describes a process for attaching the cladding to the outer wheel face. The ’809 patent is thus a method patent consisting of three claims. Claim 3 has been dismissed with prejudice from this action by consent of the parties. Claim 1 teaches: 1. A method for providing a decorative surface on a vehicle wheel having a web portion and a peripheral rim portion for mounting a tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion and structural means interconnecting said web portion and said peripheral rim portion, said web portion and said peripheral rim portion defining a wheel face outer surface, said method comprising the steps of: forming a thin solid ornamental panel (22) of uniform thickness having an interior and exterior surface, said thin solid formed ornamental panel being shaped to cover said entire wheel face outer surface and not cover said axial peripheral lip so as to mate to said wheel and substantially conform said exterior surface of said thin solid formed ornamental panel to adjacent contours of said wheel face .outer surface of said wheel; applying a decorative layer' (24) on said exterior surface of said thin solid formed ornamental panel; applying an adhesive (30) to one of said wheel face outer surface of said wheel and said interior surface of said thin solid formed ornamental panel; and positioning said interior surface of said thin solid formed ornamental panel against said adhesive so as to adhere said thin solid formed ornamental panel to said wheel face outer surface; whereby said positioning step locates said thin solid formed ornamental panel so as to be substantially flush with adjacent portions of said wheel face outer surface of said wheel such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion so as to provide a visual impression that said decorative layer is substantially flush with said adjacent portions of said wheel face outer surface and thereby appears to constitute an integral portion of said wheel. ’809 patent, cob’s 10-12. Claim 2 depends on claim 1 and so it teaches: “The method of claim 1 wherein said adhesive is applied to a recess formed in said wheel face outer surface of said wheel and said thin solid formed ornamental panel is positioned in said recess.” ’809 patent, col. 12, lines 11-14. The parties dispute the meaning of several words and phrases shared by claims 1 and 2. a. “axial peripheral lip” Lacks construes the axial peripheral lip to be some portion, but not all, of the rim lip. Lacks argues that an uncovered portion of the wheel surface exists between the edge of the cladding panel and the location of the structure it believes is the axial peripheral lip. Defendants construe the axial peripheral lip more broadly, arguing that it is all of the uncovered surface between the edge of the cladding panel and the edge of the tire mounting surface of the wheel rim. My construction of “axial peripheral lip” must begin with the language of claim 1. See Phonometrics, 133 F.3d at 1464. The phrase first appears in the claim’s preamble: “[a] method for providing a decorative surface on a vehicle wheel having a web portion and a peripheral rim portion for mounting a tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion.” ’809 patent, col. 10, lines 65-67 and col. 11, lines 1-2 (emphasis added). It next appears in the “forming” step: “said thin solid formed ornamental panel being shaped to cover said entire wheel face outer surface and not cover said axial peripheral lip.” ’809 patent, col. 11, lines 8-11 (emphasis added). It last appears in the “whereby” step: “whereby said positioning step locates said thin solid formed ornamental panel so as to be substantially flush with adjacent portions of said wheel face outer surface of said wheel such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion.” ’809 patent, col. 12, lines 1-6. These references to “axial peripheral lip” imply critical limitations on its meaning. Accordingly, after reading claim 1, it would be evident to an individual of ordinary skill in the art of cladded wheels that the axial peripheral lip must be located on the wheel rim or peripheral rim portion, that it is not covered by the panel, that it must begin where the panel ends, and that it touches the edge of the decorative layer in such a way that aesthetic blending occurs. The specification reinforces these limitations. It does not mention the phrase “axial peripheral lip,” but does use the nearly identical phrase “peripheral lip.” It reads in pertinent part: “The wheel 11 of the composite wheel 10 includes a wheel disk 18 which defines an outboard surface of the composite wheel 10, a peripheral rim portion or rim 12 with a peripheral lip 12a.” ’809 patent, col. 6, lines 56-60. Figures 3 and 5 of the specification clearly illustrate the location of the rim (labeled 12) and the peripheral lip (labeled 12a). These figures show that the peripheral lip structure projects out from the rim and is not covered by the cladding (labeled 20). Its shape and location, as well as its relation to other structures on the composite wheel, correspond with claim l’s implicit limitations on the axial peripheral lip. Even if it were not clear that the phrases “axial peripheral lip” and “peripheral lip” refer to the same structure, the prosecution history makes it clear that they do. During the course of the ’809 patent’s prosecution, the patent examiner concluded that the term “axial peripheral lip” did not have a “proper antecedent basis” in the specification. (Joint Ex. 189, Submission of Amendments to Patent Examiner at 5.) Lacks’ patent attorney responded by proposing the following amendment to the ’809 application: The undersigned takes issue with this conclusion on the basis that it is clear to a person ordinarily skilled in the art that every wheel that is used on an automobile has a peripheral rim portion with an axial peripheral lip. Accordingly, the drawings as exemplified by Figures 3 and 4 [of the ’809 patent application] identify the rim portion by reference character 12 and/or the purpose of clarifying the axial peripheral lip, reference character 12a has been added to identify the axial peripheral lip. Therefore, it is respectfully suggested that the language of the claims objected to by the Examiner is supported by the specification, at least in the drawings thereof, and would certainly be within the knowledge of a person ordinarily skilled in the art. (Id. at 6 (emphasis added).) The examiner apparently agreed to this amendment because reference numeral 12a can be found in the ’809 patent in Figure 3, in Figure 5, and at col.6, line 60. Numeral 12a is the reference marker attached to “peripheral lip” in the specification. See ’809 patent, col. 6, line 60. Thus the omission of “axial” from the specification text, due to poor drafting, does not prevent a person of ordinary skill in the art from concluding that the peripheral lip of the specification and the axial peripheral lip of the claim language are the same element. In light of the claim language, the specification, and the prosecution history before me, I conclude that the intrinsic evidence of record would lead a person of ordinary skill in the art of cladded wheels to understand claim l’s axial peripheral lip to be that uncovered surface of the composite wheel that starts at the edge of the cladding, goes up and over the top of the projecting rim lip, and ends where the outer side of the rim lip merges with the tire mounting surface of the wheel rim. This is defendants’ construction. I choose it because the intrinsic evidence renders it the construction a person of ordinary skill in the art would choose. See Exxon, 64 F.3d at 1556. Having determined that the intrinsic evidence is more than adequate for the construction of “axial peripheral lip,” I further conclude that the parties’ extrinsic evidence regarding the meaning of “axial peripheral lip” is unnecessary and thus improper for me to consider pursuant to Vitronics. See 90 F.3d at 1583. b. “wheel face outer surface” Lacks argues that the “wheel'face outer surface” is an element of claim 1 that has a flexible meaning and thus a varying location on the outer face of the wheel. Defendants argue that if it has any meaning at all, it must describe the entire area of the outer face of the wheel that exists within the circumscribing boundary of the axial peripheral lip. Claim 1 first mentions “wheel face outer surface” near the end of its preamble: A method for providing a decorative surface on a composite vehicle wheel having a web portion and a peripheral rim portion for mounting a vehicle tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion and structural means interconnecting said web portion and said peripheral rim portion, said iveb portion and said peripheral rim portion defining a ivheel face outer surface .... ’809 patent, col. 10, lines 65-67 and col. 11, lines 1-5. This passage indicates that the scope of “wheel face outer surface” bears some relation to the web portion, the peripheral rim portion, and the axial peripheral lip — at the least, that the “wheel face outer surface” includes exposed surface of the web and peripheral rim portions but not the axial peripheral lip. The claim’s second, and more revealing, reference to the phrase cements its relationship to the axial peripheral lip: “said thin solid formed ornamental panel being shaped to cover said entire wheel face outer surface and not cover said axial peripheral lip.” ’809 patent, col. 11, lines 8-11. Lacks argues from these references, and in particular from the use of the article “a” in the first reference, that the wheel face outer surface need not cover the total area of exposed surface within the circumscribing boundary of the axial peripheral lip. This construction fails, however, in light of my earlier construction of the axial peripheral lip, which concluded from the claim language that the axial peripheral lip and the cladding must abut each other. By sharing a common border, the axial peripheral lip and the cladding make it impossible for there to be exposed surface between them. This construction, furthermore, comports with the requirement that the cladding must cover the “entire wheel face outer surface” yet “not cover” the axial peripheral lip. Implicit in that requirement is the idea that the “wheel face outer surface” must be the area of exposed wheel surface that lies within the boundary of the circumscribing axial peripheral lip. While the specification in a few places appears to suggest that the wheel face outer surface might be something less than the entire area within the boundary of the axial peripheral lip, those suggestions are outweighed by the central thrust of the specification’s description, especially the diagrams of the preferred embodiment. Furthermore, as the invention of the ’809 patent was intended to address a need in the prior art for a cladding that covered “the entire wheel surface,” see ’809 patent, col. 3, lines 62-67, and col. 4, lines 1-8, the phrase “wheel face outer surface” must mean the maximum extent of the wheel’s exposed surface area that can be covered by the cladding while still heeding the “not cover said axial peripheral lip” limitation. In light of the intrinsic evidence of record, I conclude that a person of ordinary skill in the art of cladded wheels would understand “wheel face outer surface,” as used in claim 1 of the ’809 patent, to mean the entire area of the wheel’s exposed outer face that lies within the circumscribing boundary of the inner shoulder of the axial peripheral lip. I find it unnecessary to consider any extrinsic evidence because the intrinsic evidence of record has resolved the meaning and scope of “wheel face outer surface.” See id. c. “not cover said axial peripheral lip” Defendants argue that this limitation on the scope of claim 1 teaches away from any invention where the cladding panel even partly covers the “axial peripheral lip”: for instance, where the panel lies only halfway up the side of the lip, but does not rise over the top of the lip. Lacks argues, however, that the “not cover” limitation only teaches away from those inventions where the panel covers the projecting top of the “axial peripheral lip.” The ordinary meanings of “cover” permit both constructions. Claim 1 states that the “ornamental panel” is “shaped to cover said entire wheel face outer surface and not cover said axial peripheral lip.” ’809 patent, col. 11, lines 9-11. In order to be consistent with my construction of “axial peripheral lip” and “wheel face outer surface,” the “not cover” limitation must mean what defendants propose: that the panel cannot cover any portion of the axial peripheral lip structure. Furthermore, reason alone dictates that the “not” negates all possible ordinary meanings of “cover,” absent a specific direction to the contrary in the specification or the prosecution history. See id. at 1582. No such direction exists in the specification. Instead, cross-sectional drawings of the preferred embodiments (Figures 3 and 5) show the panel fitting snugly into the base of the shoulder of the axial peripheral lip. These drawings do not teach partial coverage of the axial peripheral lip structure. With respect to the prosecution history, Lacks argued at the hearings that it had amended claim 1 and inserted the “not cover” limitation solely to distinguish the scope of claim 1 from prior art that taught a cladding panel that went over the top of the “axial peripheral lip.” In making that argument, Lacks has essentially asserted that it did not intend for the “not cover” limitation to teach away from all forms of coverage, but only to teach away from coverage of the top of the lip. While this may have been Lacks’ intent, the prosecution history before me offers no persuasive evidence to support this argument. Even if true, Lacks’ contention about the purpose of the “not cover” limitation could not overcome the strong evidence of the claim language and the specification. I conclude therefore that a person of ordinary skill in .the art of cladded wheels would understand the “not cover said axial peripheral lip” limitation of claim 1 to mean that the cladding panel cannot cover any portion of the “axial peripheral lip.” Because the intrinsic record of evidence has resolved any ambiguities as to the meaning' of the “not cover” limitation, I find it unnecessary to examine any extrinsic evidence on this issue (with the permissible exception of Webster’s). See id. at 1583. d. “substantially flush with adjacent portions” This disputed language appears in the “whereby” step of claim 1: whereby said positioning step locates said thin solid formed ornamental panel so as to be substantially flush with adjacent portions of said wheel face outer surface of said wheel such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion so as to provide a visual impression that said decorative layer is substantially flush with said adjacent portions of said wheel face outer ■surface and thereby appears to constitute an integral portion of said wheel. ’809 patent, col. 12, lines 1-11. On the issue of indefiniteness, defendants argue that this passage suffers from an internal contradiction. In particular, they contend that the decorative layer cannot both readily blend with the axial peripheral lip and, at the same time, be substantially flush with adjacent portions of-the wheel face outer surface. Defendants’ contention is premised on “substantially flush with adjacent portions” meaning that the cladding is substantially on the same unbroken level with a horizontally surrounding portion of the wheel face outer surface. Lacks counters by arguing that “substam tially flush” as used here means to closely abut and conform to the underlying wheel face outer surface. Both proposed constructions can fit within the plain meaning of the disputed phrase; according to Webster’s, “flush” can mean “having or forming a continuous plane or unbroken surface” or “directly abutting on or immediately adjacent to.” From my preceding interpretations, I have determined that a person of ordinary skill would understand that the wheel face outer surface and the axial peripheral lip are separate but bordering surfaces; that the cladding panel, which covers the entire wheel face outer surface, abuts the axial peripheral lip and thus leaves no exposed wheel face outer surface between it and the lip; and that the decorative layer on top of the panel runs into the axial peripheral lip in such a way as to readily blend. Given these explicit and implicit limitations, I find Lacks’ construction of “substantially flush with adjacent portions” to be the meaning an individual of ordinary skill in the art would choose after reading claim 1." The specification favors this conclusion. In discussing the prior art, it observes that an overlay is needed that “would be capable of closely conforming to the contours of the entire wheel surface.” ’809 patent, col. 6, lines 3-5 (emphasis added). Accordingly, the specification states that an objective of the ’809 patent is “to provide an ornamental overlay for a cast aluminum wheel in which the overlay closely conforms to the contours of the wheel.” ’809 patent, col. 6, 6-9. Figures 3 and 5 of the preferred embodiments are the clearest statement in the specification of what is actually meant by “substantially flush with adjacent portions.” These figures show panels that cover the entire wheel face outer surface and closely abut, or conform to, the styling features of that underlying surface. These figures also show that no wheel face outer surface is left uncovered; the panel and its decorative layer necessarily border the inner shoulder of the axial peripheral lip in order to comply with the “entire wheel face outer surface” and “readily blends” limitations. I conclude therefore that a person of ordinary skill in the art of cladded wheels, after reading claim 1 and the specification, would understand the phrase “substantially flush with adjacent portions” to mean that the cladding closely abuts or conforms to the underlying contours of the entire wheel face outer surface. Neither party has suggested that the prosecution history might alter this conclusion. Because the intrinsic evidence on “substantially flush with adjacent portions” is adequate for purposes of claim construction, I find it unnecessary to consider extrinsic evidence on the meaning of the phrase (once again, with the exception of Webster’s). See id. e. “applying an adhesive” Defendants construe this phrase as teaching only full face adhesive coverage on either the interior surface of the panel or the wheel face outer surface. Defendants base this argument on the affidavit of Lacks’ own engineering expert, James D. Varin, in which Varin interprets the ’809 patent to teach only full face coverage by the adhesive. Lacks argues, however, that it would be improper for me to consider the extrinsic evidence of Varin’s expert testimony pursuant to Vitronics. Lacks contends that the disputed language does not limit the coverage of the adhesive, and therefore the language encompasses any pattern of adhesive coverage, whether it be full, selective, or random. Claim 1 only refers to adhesive in the second “applying” step: “applying an adhesive to one of said wheel face outer surface of said wheel and said interior surface of said thin solid formed ornamental panel.” ’809 patent, col. 11, lines 17-19. Claim 2 also refers to adhesive but once: “The method of claim 1 wherein said adhesive is applied to a recess formed in said wheel face outer surface of said wheel and said thin solid formed ornamental panel is positioned in said recess.” ’809 patent, col. 12, lines 11-14. It is clear that this language limits the application of the adhesive in only two ways, neither of which gives defendants’ full face construction any support. The first limitation exists for both claims 1 and 2: the adhesive must be applied to either the wheel face outer surface or the interior surface of the panel. The second limitation is a specific requirement for cladded wheels assembled according to the method of dependent claim 2: adhesive must be applied to a recess formed in the wheel face outer surface. Both limitations are silent as to how the adhesive should cover the surfaces to which it must be applied. The specification mentions the cladding panel adhesive only twice. The first reference discusses the type of adhesive to be used in the first preferred embodiment: “The overlay 20 can be permanently adhered directly to the outboard surface of the wheel 11 by a suitable adhesive 30, such as a silicone or polyurethane adhesive, to form a permanent wheel.” ’809 patent, col. 8, lines 5-8. The second reference discusses the way in which the adhesive is to be applied in the second preferred embodiment: “The panel 22 is adhesively bonded directly to the outboard surface of the wheel 11 either with a suitable adhesive 30 as shown, or in any other suitable manner.” ’809 patent, col. 9, lines 56-58, referring to Figure 5. While the first reference in the specification is silent on the issue of the extent, or pattern, of adhesive coverage, the second reference, through its “any other suitable manner” language, clearly favors the broader construction of “applying an adhesive” offered by Lacks. In light of the intrinsic evidence of record discussed above, I find that a person of ordinary skill in the art of cladded wheels would understand “applying an adhesive” as encompassing the full range of possible adhesive coverages not already within the prior art. The silence of the claim language on that point does not imply defendants’ narrower construction of full face coverage. Rather, the silence indicates that the inventor did not consider the coverage of the adhesive to be an essential element of the ’809 patent’s claimed invention. Thus solely on thq basis of questionable extrinsic evidence — Va-rin’s affidavit — defendants have asked me to read into claims 1 and 2 an element that does not exist. Pursuant to Vitronics, I decline to do so. See id. 2. The ’906 Patent The ’906 patent is an apparatus patent, meaning it covers the physical form of the composite wheel invented by Lacks. It has sixteen claims. Claims 8, 7, 10, and 13 have been dismissed with prejudice from this case by consent of the parties. The remaining disputed claims read as follows: 1. An overlay for a composite decorative vehicle wheel, said wheel having a web portion and a peripheral rim portion for mounting a vehicle, tire, said peripheral rim portion defining an axial peripheral lip circumscribing said rim portion and structural means interconnecting said web portion and said peripheral rim portion, said web portion and said peripheral rim portion defining a wheel face outer surface and a central axis, said overlay comprising: an ornamental panel member covering said entire wheel face outer surface and not covering said axial peripheral lip, said ornamental panel member having a substantially uniform thickness; a first outboard surface; and an oppositely disposed second inboard surface, at least a portion of said second inboard surface of said ornamental panel member being juxtaposed a portion of said wheel face outer, surface such that at least a portion of said first outboard surface of said ornamental panel member substantially conforms to said portion of said wheel face outer surface; a decorative layer adhered to said first outboard surface of said ornamental panel member; and an adhesive disposed between'said ornamental panel member and said wheel face outer surface, said adhesive attaching said overlay directly to said wheel face outer surface; whereby said decorative layer of said at least a portion of said first outboard surface substantially conforms with said portion of said wheel face outer surface such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion so as to provide a visible impression that said decorative layer is essentially flush with . said wheel face outer surface. 2. The overlay of claim 1 wherein said portion of said wheel face outer surface is contoured and said at least a portion of said first outboard surface of said ornamental panel member is correspondingly contoured so as to closely conform to said portion of said wheel face outer surface. 4. The overlay of claim 1 wherein said overlay is attached to said wheel by said adhesive disposed along said portion of ■said wheel face outer surface. 5. An overlay for a composite decorative wheel, said wheel having a web portion' and a peripheral rim portion for mounting a vehicle tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion and structural means interconnecting said web portion and said peripheral rim portion,. said web portion and said peripheral rim portion defining a wheel face outer surface and central axis, said overlay comprising: an ornamental panel member covering said entire wheel face outer surface and not covering said axial peripheral lip, said ornamental panel member having a substantially uniform thickness; a first outboard surface; and an oppositely disposed second inboard surface, at least a portion of said second inboard surface of said ornamental panel member being juxtaposed a portion of said wheel face outer surface such that said at least a portion of said first outboard surface of said ornamental panel member substantially corresponds to said portion to said wheel face outer surface; a metal layer electrochemically plated onto said first outboard surface of said ornamental panel member; and an adhesive disposed between said ornamental panel member and said wheel face outer surface, said adhesive attaching said overlay directly to said wheel face outer surface; whereby when said overlay is attached directly to said wheel face outer surface by said adhesive, said metal layer of said at least a portion of said first outboard surface of said overlay substantially conforms with said juxtaposed portion of said wheel face outer surface such that said metal layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion of said wheel so as to provide a visible impression that said metal layer is essentially flush with said wheel face outer surface. 6. The overlay of claim 5 wherein said portion of said outer surface is contoured and said at least a portion of said first outboard surface of said ornamental panel member is correspondingly contoured so as to closely conform to said portion of said wheel face outer surface. 8. The overlay of claim 6 wherein said overlay is attached to said wheel by said adhesive disposed on said wheel face outer surface. 9. The overlay of claim 5 wherein said metal layer is a chromium plated layer. 11. A composite vehicle wheel having an ornamental cover, said composite vehicle wheel comprising: a wheel having a web portion and a peripheral rim portion circumscribing said web portion for mounting a vehicle tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion and structural means interconnecting said web portion and said peripheral rim portion defining an axially outwardly partly convexly contoured wheel face having an outboard surface; and an overlay attached to said web portion and extending to said axial peripheral lip circumscribing said peripheral rim portion of said wheel, said overlay comprising: an ornamental panel member covering said entire wheel face outboard surface and not covering said axial peripheral lip, said ornamental panel member having a substantially uniform thickness first outboard surface; and an oppositely disposed second inboard surface juxtaposed a portion of said outboard surface of said wheel face, at least a portion of said first outboard surface closely and uniformly conforming to said portion of said outboard surface of said wheel face; a decorative layer adhered to said first outboard surface of said ornamental panel member; and an adhesive disposed between said ornamental panel member and said outboard surface of said wheel face, said adhesive attaching said overlay directly to said outboard surface of said wheel face; whereby when said overlay is attached directly to said outboard surface of said web portion of said wheel face by said adhesive at least a portion of said decorative layer of said first outboard surface substantially conforms with said outboard surface of said wheel face such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion so as to provide a visible impression that said decorative layer is essentially flush with said outboard surface of the wheel face. 12. The composite vehicle wheel of claim 11 wherein said portion of said outboard surface of said wheel face is contoured and said at least a portion of said first outboard surface of said ornamental panel member is correspondingly contoured so as to closely conform to said portion of said outboard surface of said wheels face. 14. The composite vehicle wheel of claim 11 wherein said overlay is attached to said web portion of said outboard surface of said wheel face by said adhesive disposed along said portion of said outboard surface of said wheel. 15. The overlay of claim 11 wherein said decorative layer is a chrome plate layer. 16. In a composite vehicle wheel having a wheel with a web portion and a peripheral rim portion circumscribing said web portion for mounting a vehicle tire, said peripheral rim portion defining an axial peripheral lip circumscribing said peripheral rim portion and structural means interconnecting said web portion and said peripheral rim portion, said web portion and said peripheral rim portion defining an axially outwardly partly convexly contoured wheel face having an outboard surface, an ornamental panel member covering said entire outboard surface of said wheel face and not covering said axial peripheral lip, said ornamental panel member being attached to said outboard surface of said wheel face, said ornamental panel member having a first outboard surface and an oppositely disposed second inboard surface, a portion of said second inboard surface juxtaposed a portion of said outboard surface of said wheel face, the improvement comprising: an adhesive disposed between said ornamental panel member and said outboard surface of said wheel face, said adhesive attaching said ornamental panel member directly to said outboard surface of said wheel face; a decorative layer adhered to said first outboard surface of said ornamental panel member; said ornamental panel member being a thin panel of substantially uniform thickness; and said first outboard surface having at least a portion closely conforming to an adjacent portion of said outboard surface of said wheel face; whereby when said ornamental panel member is directly attached to said outboard surface of said wheel face by said adhesive at said portion of said second inboard surface, said decorative layer of said portion of said first outboard surface substantially conforms with said adjacent portion of said outboard surface of said wheel face such that said decorative layer readily blends with said axial peripheral lip circumscribing said peripheral rim portion so as to provide a visible impression that said decorative layer is essentially flush with said outboard surface of said wheel face. ’906 patent, col.’s 10-14. The substance and language of the ’906 and the ’809 patents overlap to a great degree. They share identical specifications. They also share most of their claim language. The parties have consequently referred to the two patents together in their claim construction and literal infringement arguments. Furthermore, the parties dispute only those terms in the ’906 patent that were also disputed in the ’809 patent, with the exception of a new, synonymous term in the ’906 patent. The “axial peripheral lip” element and the “not cover said axial peripheral lip” limitation appear in each of the ’906 patent’s remaining independent claims — the 1, 5, 11, and 16 — and thereby are also incorporated into the remaining dependent claims — the 2, 4, 6, 8, 9, 12, 14, and 15. I can find nothing in the parties’ arguments or in the intrinsic evidence of record with respect to the ’906 patent that would give these phrases a different meaning from that I have previously given them. Thus I find that a person of ordinary skill in the art would understand those phrases, as used in the ’906 patent, to have the same meaning given them in the ’809 patent. The “wheel face outer surface” element appears in independent claims 1 and 5 of the ’906 patent and thus is only incorporated into dependent claims 2, 4, 6, 8, and 9. As with “axial peripheral lip” and the “not cover” limitation, there is nothing in the parties’ arguments or in the intrinsic evidence of record with respect to the ’906 patent that would give these phrases a different meaning. Thus I also find that a person of ordinary skill in the art would understand “wheel face outer surface” as used in the ’906 patent to have the same meaning given it in the ’809 patent. None of the claims of the ’906 patent contain the disputed “substantially flush with adjacent portions” element. Instead, the drafter inserted “essentially flush” to describe the same limit: “said metal [decorative] layer is essentially flush with said wheel face outer surface.” ’906 patent, col. 12, lines 7-8. The “essentially flush” element exists in all of the remaining claims of the ’906 patent. The parties do not argue that “essentially flush” differs in any significant way from “substantially flush with adjacent portions.” The intrinsic evidence of record points to no meaningful substantive differences between these synonyms for purposes of claim construction. Therefore I find that a person of ordinary skill in the art would understand “essentially flush,” as used in the ’906 patent, to have the meaning given “substantially flush” in the ’809 patent. Defendants also assert that the ’906 patent teaches only a full face coverage of the adhesive. As they did with the ’809 patent, defendants base this assertion solely on the extrinsic evidence of Varin’s affidavit. I reject this argument for the same reasons I have previously stated. 3. The ’213 Patent The ’213 patent is a method and apparatus patent for the assembly of a cladded wheel by the use of a temporary securing and positioning means and through the selective application of an adhesive. It has forty claims. Claims 2, 4-6, 10, 14-19, 23, 26-31, 33, 34, and 36 have been dismissed with prejudice by consent of the parties. Of the remaining claims, only claims 1, 3, 8, 25, and 40 are in dispute on the issue of literal infringement; claims 25 and 40 by Lacks’ motion and claims 1, 3, 8, and 40 on defendants’ motion. The disputed claims read as follows: 1. A method for assembling an overlay to a wheel having a disk portion and a rim portion circumscribing said disk portion, said disk and rim portions defining an outboard surface of said wheel, said method comprising the steps of: forming said overlay to have an inboard surface configured to face said outboard surface of said wheel upon assembling said overlay to said wheel; providing a means, interposed said outboard surface of said wheel and said overlay, for temporarily securing said overlay to said outboard surface of said wheel and for positively positioning said overlay on said outboard surface of said wheel, said temporarily securing and positioning means causing said overlay to be centrally positioned with respect to said rim portion of said wheel and spaced from said outboard surface of said wheel so as to define at least one gap therebet-ween; depositing a curable adhesive on at least one of said inboard and outboard surfaces such that said curable adhesive is between said overlay and said wheel upon assembling said overlay with said wheel; and temporarily securing said overlay to said outboard surface of said wheel with said temporarily securing and positioning means so as to positively position said overlay centrally relative to said rim portion of said wheel and so as to form said at least one gap therebetween, said curable adhesive filling at least a portion of said at least one gap, such that said temporarily securing and positioning means maintains said overlay in position for a duration sufficient for said curable adhesive to permanently cure and thereby permanently secure said overlay to said wheel. 3. The method of claim 1 wherein said curable adhesive is an air-curable adhesive, and wherein said temporarily securing and positioning step comprises said curable adhesive filling a limited portion of said at least one gap so as to provide a quantity of air trapped between said overlay and said wheel. 8. The method of claim 1 wherein said temporarily securing and positioning step comprises securing and positioning said overlay to said wheel with a fastener, said fastener constituting said temporarily securing and positioning means. 25. A method for assembling an overlay to a wheel, said method comprising the steps of: forming said wheel to have a disk portion and a rim portion circumscribing said disk portion, said disk and rim portions defining an outboard surface of said wheel, said outboard surface having apertures formed therein; forming said overlay to have an inboard surface configured to face said outboard surface upon assembling said overlay to said wheel, said overlay being configured so as to form a gap between said inboard and outboard surfaces upon assembling said overlay to said wheel; depositing a curable adhesive on said outboard surface such that said curable adhesive is between said overlay and said wheel upon assembling said overlay with said wheel, said curable adhesive being selectively deposited along a peripheral edge of said outboard surface and around said apertures so as to exclude water and dirt from said gap upon assembling said overlay to said wheel; and assembling said overlay to said outboard surface of said wheel with said curable adhesive so as to form said gap and permanently secure said overlay to said wheel, at least one void being present between said overlay and said outboard surface of said wheel, said at least one void entrapping air between said overlay and said wheel. 40. In a composite vehicle wheel having a wheel with a web portion and a rim portion circumscribing said web portion, said web portion defining an outboard surface of said composite vehicle wheel, an ornamental panel member attached to said outboard surface of said web portion, said ornamental panel member having a first surface and an oppositely disposed second surface: adhesive means selectively positioned between said ornamental panel member and said outboard surface of said wheel, said adhesive means temporarily and permanently attaching said overlay directly to said outboard surface of said wheel; a decorative layer adhered to said first surface of said ornamental panel member; said ornamental panel member being a thin panel of substantially uniform thickness; and means for temporarily and permanently securing and positioning said ornamental panel member on said wheel, said securing and positioning means attached to said ornamental panel member and engaging said outboard surface for causing said ornamental panel member to be centrally mounted with respect to said rim portion of said wheel and spaced from said outboard surface of said wheel so as to define at least one gap therebetween; whereby when said ornamental panel member is directly attached to said outboard surface of said wheel by said adhesive means said decorative layer of said first surface substantially covers said outboard surface of said wheel. ’213 patent, cob’s 13-18. a. Claim 1 The “providing” step of this claim teaches “a means, interposed said outboard surface of said wheel and said overlay, for temporarily securing said overlay to said outboard surface of said wheel and for positively positioning said overlay on said outboard surface of said wheel.” ’213 patent, col. 13, lines 46-50. Defendants believe that this “interposed” means is limited in scope to the five “intermediate positive fixing” structures described in the specification: a hot meld adhesive, a snap tab, a threaded fastener, a palnut and post, and double-sided adhesive tape. ’213 patent, col.’s 7-9. Lacks implicitly suggests, however, that the “interposed” means language encompasses anything that exists between the cladding and the outboard surface of the wheel — particularly defendants’ snap-lock mechanism — and that performs a securing and positioning function. 35 U.S.C. § 112, ¶ 6 governs my construction of the “interposed” means element because it is in means-plus-function form throughout the claim and does not recite sufficient structural limitations. See Al-Site Corp. v. VSI Int'l, Inc., 174 F.3d 1308, 1318 (Fed.Cir.1999). Under section 112, paragraph 6, a means-plus-function element is to be construed “to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.” 35 U.S.C. § 112, ¶ 6; see also Lockwood, v. American Airlines, Inc., 107 F.3d 1565, 1570-71 (Fed.Cir.1997). Accordingly, a person of ordinary skill in the art would interpret the “interposed” means of claim 1 to cover the five intermediate positive fixing structures described in the specification and their equivalents. An equivalent to the “interposed” means of claim 1 must be “temporary” (meaning it cannot be relied on to permanently secure the cladding to the wheel face during the service life of the wheel), “intermediate” (meaning it must be some structure or material between the cladding and the wheel face), and for the purpose of temporarily securing and positioning the cladding to the outboard surface of the wheel so that 1) the cladding is centrally located with respect to the rim, 2) the cladding is spaced from the outboard surface leaving at least one gap between them, and 3) the permanently securing adhesive can cure. Furthermore, as the language of claim 1 and the specification make clear, the “interposed” means of claim 1 is to be distinguished from the curable adhesive used to permanently secure the cladding to the wheel face. This distinction between a temporary securing element (the specification’s intermediate fixing structures and their equivalents) and a permanent securing element (the curable adhesive) is present in dependent claims 3 and 8, but is not present in claims 25 and 40. b. Claim 3 This claim, which depends from claim 1 and therefore incorporates all of claim l’s limitations, further specifies that the curable adhesive of claim 1 is an air-curable adhesive and that this air-curable adhesive must fill “a limited portion” of the gap between the cladding and the wheel face “so as to provide a- quantity of air trapped between” the cladding and the wheel. ’213 patent, col. 14, lines 9-14. Claim 3’s terms are not disputed. c. Claim 8 This claim also depends from claim 1. It teaches the use of a fastener as the “interposed” temporary securing and positioning means. Thus claim 8 is not governed by section 112, paragraph 6 because the ordinary meaning of “fastener” describes sufficient structure. Webster’s defines a “fastener” as “a device (as a button, hook and eye, zipper, or snap) that joins together separate parts or closes an opening (as on a garment).” Three of the specification’s recommended “intermediate positive fixing” structures are representative of what one of ordinary skill in the art could understand the temporary “fastener” to be: the snap tab, the threaded fastener, and the palnut and post. d. Claim 25 This independent claim teaches a method for selectively depositing the curable adhesive between the cladding and the wheel in such a way as to seal out dirt and moisture and permanently secure the cladding to the wheel face. Claim 25 does not have the “interposed” temporary securing and positioning means at issue in claims 1, 3, and 8. Even though it is a key infringement claim, claim 25’s terms are not disputed. e.Claim 40 This is the final independent claim of the ’213 patent. It teaches a cladded composite wheel apparatus that has both a “means for temporarily and permanently securing and positioning said ornamental panel member on said wheel” and an “adhesive means selectively positioned between said ornamental panel member and said outboard surface of said wheel, said adhesive means temporarily and permanently attaching said overlay.” ’213 patent, col. 18, lines 38-55. Thus unlike claims 1, 3, and 8, claim 40 teaches an apparatus assembled by the use of two permanent means: one the securing means and one the adhesive means. 35 U.S.C. § 112, ¶ 6 governs my construction of claim 40’s securing means because it is in means-plus-function form and it does not recite sufficient structural limitations. See Al-Site, 174 F.3d at 1318. This presents a dilemma, however, because there is no corresponding structure in the specification as required by section 112, paragraph 6. Nowhere does the specification discuss a cladded wheel built with a permanent securing means and a permanent adhesive. All structures described in the specification use a temporary securing means in combination with a permanent adhesive. The apparent lack of a corresponding structure to the permanent securing means implicates validity issues and bars me from arriving at a Markman, construction for this claim. I am unable to address the validity issues at this time, however, because the parties did not treat the construction of claim 40’s permanent securing means under section 112, paragraph 6. Accordingly, the parties are to submit supplemental briefs within two weeks of the filing date of this opinion in which they address 1) the proper construction of claim 40 and 2) how their proposed construction relates to claim 40’s literal infringement and validity issues. A separate opinion on claim 40 will then issue. B. Literal Infringement Some infringement arguments are now moot in light of my claim construction. I address only those that survive. 1. The ’809 Patent From Joint Exhibit 42, which is an engineering diagram labeled Hayes Manufacturing Drawing No. D-12447031 (“the Hayes Drawing” or “the Drawing”), and the deposition testimony of two of defendants’ employees, Lacks argues that defendants’ process for assembling their cladded wheel literally infringes claim 1 of the ’809 patent because that process performs every element or step of the claim 1 method. In response, defendants do not argue that the Drawing inaccurately represents, or does not represent, their accused process. Rather, defendants contend that their accused process does not literally infringe claim 1 because it does not perform the following two steps: the “forming” step, which requires, among other things, that the cladding panel be “shaped to cover said entire wheel face outer surface and not cover said axial peripheral lip,” and the “positioning” step, which requires, among other things, that the cladding panel be “substantially flush with adjacent portions of said wheel face outer surface.” Regarding their “forming” step argument, defendants contend that the cladding panel they use covers a substantial portion of the axial peripheral lip. Defendants therefore conclude that they do not have an assembly process that follows the teaching of the “not cover” limitation found in claim 1. My review of the Hayes Drawing confirms that defendants’ cladding panel covers almost the whole inner side of the structure claim 1 would describe as the axial peripheral lip. (See Joint Ex. 42.) Once placed on the wheel face, defendants’ panel extends over the inner shoulder of the rim lip and terminates just shy of the tip of the lip. (See id.) By covering the axial peripheral lip, even if only partially, defendants assemble their cladded wheel by a process that lacks the “forming” step of the claim 1 method. I therefore conclude that defendants do not literally infringe claim 1 of the ’809 patent because their accused process does not perform every step or element of claim l’s method. See Becton, 922 F.2d at 796. A summary judgment of literal nonin-fringement in favor of defendants with respect to claim 1 is appropriate because the parties’ infringement dispute over the “not cover said axial peripheral lip” limitation does not present a factual debate, but rather a question of law regarding the proper construction of claim language. Having resolved that question, and having determined that no genuine issue of material fact exists as to the location of defendants’ panel on its assembled wheel, I find that defendants have shown they are entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(c). My holding on claim 1 necessitates an identical holding with respect to claim 2 of the ’809 patent. As a dependent claim to claim 1, claim 2 incorporates the “forming” step and thus the “not cover” limitation into its scope. Accordingly, defendants’ assembly proce