Full opinion text
OPINION & ORDER O’MALLEY, District Judge. With this action, plaintiff Weatherchem Corporation (“Weatherchem”) claims that defendant J.L. Clark, Inc. (“Clark”) wilfully infringed two patents owned by Weather-chem: Patent No. 4,693,399 (the “’399 patent”) and Patent No. 4,936,494 (the “’494 patent”). These two patents are directed toward plastic “two-flap closures,” which are commonly used as caps to seal cylindrical spice containers; the caps allow the contents to be sprinkled or spooned out. Clark counterclaims for a declaration that the two patents are invalid, unenforceable, and not infringed by Clark’s own two-flap closures. The parties tried this matter to the bench. The Court now rules in favor of J.L. Clark, holding that both the ’399 patent and the ’494 patent are invalid. Specifically, the Court concludes that the ’399 patent is invalid due to the “on-sale bar,” and the ’494 patent is invalid because it was obvious given the prior art, which includes the enclosure embodying the claims of Weatherchem’s own ’399 patent. As to the ’494 patent, the Court also concludes, in the alternative, that, if valid, its claims are not infringed by the Clark closures. Pursuant to Fed.R.Civ.P. 52(a), the Court issues its findings of fact and conclusions of law below. I. A The Allegedly Infringed Claims Although the patents at issue in this case might at first seem mundane, the ubiquity of cylindrical spice containers in kitchens around the world — and the sprinkle/spoon caps that seal them — underscores the importance and value to the parties of the patents at issue. Because cylindrical spice containers are manufactured, filled, and sealed at high volume, the thermoplastically-formed caps placed on top of the containers must meet certain criteria. Among other things, the caps must: (1) be inexpensively manufac-turable at high speed; (2) be of generally uniform thickness, so as not to deform when cooling (necessary so the sprinkle/spoon flaps will stay closed and the cap will fit onto the container); (3) not break when mechanically screwed onto the container; (4) not allow the flaps to pop open when mechanically screwed onto the container; (5) not puncture the paper (or foil) safety-seal liner that is placed between the cap and the container; and (6) be easy to use by consumers. Slight variations in the design of the caps can significantly effect these characteristics. On October 17, 1986, Weatherchem filed a patent application for a “two-flap closure.” This application eventually led to issuance of the ’399 patent. With no statements by either Weatherchem or the patent examiner contained in the file, the ’399 patent was allowed on April 8, 1987. On July 26, 1988, Weatherchem filed another patent application for a “two-flap container closure.” This application eventually led to issuance of the ’494 patent, but only after the application was twice rejected by the patent examiner. The patent examiner at first rejected Weath-erchem’s second application because it did not disclose the invention of anything that was not already shown in either the ’399 patent itself, or in another patent relating to a rectangular cap for a metal spice can (“the Foster patent,” Patent No. 3,322,308). After Weatherchem twice amended its second application, however, the Patent Office issued a Notice of Allowability on April 11, 1990, which led to issuance of the ’494 patent. The ’399 patent contains 15 claims, two of which Weatherchem alleges Clark infringes — claim 12 and claim 13. These claims are as follows (emphasis added by the Court): Claim 12: A two-mode dispensing cap for a container comprising an injection-molded thermoplastic one-piece body, the body having a generally circular end wall, the end wall having a spoon dispensing side and a shake dispensing side, the shake dispensing side including a plurality of relatively small apertures for dispensing therethrough a pourable product carried in the container, the spoon dispensing side including a relatively large aperture of a size sufficient for allowing passage of a spoon therethrough for spooning out product, a chordal land area between the spoon and shake sides, each of said sides having an associated flap hinged on said land, the flap of the shake side being arranged to selectively close or open said relatively small apertures, the flap of the spoon side being arranged to selectively close said relatively large aperture, an internally threaded skirt depending from the perimeter of said end wall, an annular sealing ledge on the lower side of the end wall interior of said skirt, the land area having a lower surface generally coplanar with said sealing ledge and adapted to cooperate with said sealing ledge to support a sealing sheet received in said cap. Claim 13: A two mode dispensing cap for a container comprising an injection-molded thermoplastic one-piece body, the body having a generally circular end wall, the end wall having a spoon dispensing side and a shake dispensing side, the shake dispensing side including a plurality of relatively small apertures for dispensing therethrough a pourable product carried in the container, the spoon dispensing side including a relatively large aperture of a size sufficient for allowing passage of a spoon therethrough for spooning out product, each of said sides having an associated hinged flap, the flap of the shake side being arranged to selectively close or open relatively small apertures, the flap of the spoon side being arranged to selectively close said relatively large aperture, an internally threaded skirt depending from the perimeter of said end wall, an annular sealing ledge on the lower side of the end wall interior of said skirt, the sealing ledge having a flat surface extending radially a distance substantially equal to at least twice the nominal wall thickness of the cap. The most important features of these claims were the coplanar sealing ledge and chordal land areas, which served to ensure, among other things, proper seating and attachment of the safety-seal liner when the cap was screwed onto the spice container. The ’494 patent contains 14 claims, three of which Weatherchem alleges Clark infringes — claim 9, claim 13, and claim 14. These three claims are as follows (emphasis added by the Court): Claim 9: A two-mode dispensing cap for a container comprising an injection-molded thermoplastic one-piece body, said body providing a circular end wall and a cylindrical skirt extending from the face of said end wall, said cylindrical skirt having thread means for engaging mating threads adjacent the mouth of an associated container, said end wall having along one side a spooning opening sufficiently large to allow passage of a spoon for spooning out contents from said associated container and a shake dispensing side along another side of said end wall containing a plurality of relatively small apertures for dispensing therethrough the contents of said associated container, a first hinged flap on said body for selectively closing said spooning opening, a second hinged flap on said body for selectively closing said relatively small apertures, and end wall and flaps providing cooperating releasable latch means normally maintaining said flaps closed, said end wall being contoured so that said end wall and flaps cooperate to provide a substantially planar and circular exterior surface when said flaps are closed, said end wall also providing a relatively flat sealing land inwardly spaced from said skirt having a region adapted to engage the seal with the mouth of said associated container producing forces along the periphery of said end wall in a direction substantially normal to said end wall tending to produce deflection of said wall portion tending to cause malfunction of said latch means, and a plurality of peripherally spaced radially extendiny reinforcing ribs extending below said wall portion radially between said sealing land and skirt, said reinforcing ribs being disposed on the inner periphery of the skirt at a multitude of relatively closely spaced locations whereby said reinforcing ribs provide an anchoring action for said end wall portion and sealing land by imparting the inherent stiffness of the cylindrical skirt, and indirectly the container mouth portion threaded onto it, to the end wall portion and sealing land to resist deflection of said wall portion and preventing malfunction of said latch means. Claim 13: In combination, a container adapted to be filled with granular material and having a mouth with threads extending around the said mouth substantially adjacent thereto, a dispensing cap for said container consisting of an injection-molded plastic one-piece body providing a circular end wall and a cylindrical skirt having thread means engaging the threads of said container, said end wall providing at least one opening therein through which contents of said container can be removed without removing said cap from said container, said body providing a hinged flap operable to close said opening, said end wall and flap providing latch means for holding said flap closed, said cap providing a sealing surface inwardly spaced from said cylindrical skirt engaging said mouth of said container and forming a seal therewith, the periphery of said end wall being subjected to a force substantially normal to said end wall when said cap is tightened onto said container tending to cause deflection of said end wall and tending to cause said latch means to malfunction, and a plurality of reinforcing ribs extending below said end wall radially between said sealing surface and said skirt, said reinforcing ribs being disposed on the inner periphery of the skirt at a multitude of relatively closely spaced locations, said sealing surface being a circumferentially continuous annulus spaced radially inward of the ribs and lying in a flat plane whereby said reinforcing ribs provide an anchoring action for said end wall and sealing surface by imparting the inherent stiffness of the cylindrical skirt, and indirectly the container mouth portion threaded into it, to the end wall and sealing surface to resist deflection of said periphery of said end wall to prevent malfunction of said latch means. Claim lk: A dispensing cap for a container having a mouth and threads adjacent said mouth comprising an injection-molded plastic one-piece body providing a circular end wall and a cylindrical skirt extending from one side of said end wall, said cylindrical skirt providing thread means for engaging said threads adjacent said mouth of said container, said end wall providing at least one opening therein through which contents of said container can be removed without removing said cap from said container, said body providing a hinged flap operable to close said opening, said end wall and flap providing latch means for holding said flap closed, a sealing surface along the interior surface of said end wall spaced inwardly from said skirt for engaging said mouth of said container and forming a seal therewith, tightening of said cap onto said container producing forces along the periphery of said end wall in a direction substantially normal to said end wall tending to cause deflection of said peripheral portion of said end wall and also tending to cause said latching means to malfunction, and a plurality of reinforcing ribs extending below said end wall radially between said sealing surface and skirt, said reinforcing ribs being disposed on the inner periphery of the skirt at a multitude of relatively closely spaced locations, said sealing surface being a circumferentially continuous annulus spaced radially inward of the ribs and lying in a ñat plane whereby said reinforcing ribs provide an anchoring action for said end wall and sealing surface by imparting the inherent stiffness of the cylindrical skirt, and indirectly the container mouth portion threaded into it, to the end wall and sealing surface to resist deflection of said periphery of said end wall to prevent malfunction of said latch means. The most important features of these three claims — and the primary addition to what was earlier claimed in the ’399 patent — were a sealing land spaced inward from the skirt of the cap and the radially extending reinforcing ribs connecting that sealing land to the skirt. This configuration served to ensure, among other things, that when the cap was screwed onto the spice container, the cap would not break and the flaps would not pop open. B. The History of Spice Container Caps and the Patents at Issue. Some salient features of the spice-cap marketplace before and during Weatherchem’s application for the ’399 and .’494 patents are pertinent to the Court’s inquiry. Of primary importance are the then-existing state of the art in spice-cap technology, and Weather-ehem’s marketing and sales efforts relative to products covered by its ’399 and ’494 patents. The main distributors of spices in the United States are McCormick and Durkee. Prior to the late 1980s, these two distributors packaged spices in rectangular metal cans. McCormick’s spice cans were made by Clark. The cans were fitted with rectangular plastic snap-on tops, also called fitments, with flaps that allowed for both spooning and sprinkling. This type of packaging, however, carried with it two problems: (1) the contents of the cans could not be viewed easily by the user; and (2) there was no simple, inexpensive way to apply a safety-seal liner to the can, before attaching the plastic snap-on top. To cure the first problem, the spice industry began to convert to clear plastic or glass cylindrical containers. At first, to seal these new containers, manufacturers undertook a two- or three-step process. First, the manufacturers applied a safety-seal liner to the container. The safety seal was applied in one of two ways: either (1) adhesive was applied to the liner or the lip of the container, and the liner then adhered to the container; or (2) the liner was placed on the lip of the container and the two were placed near a heating element, so that the plastic container lip melted and stuck to the liner. The next step, if so desired, was that the manufacturer attached a snap-on plastic disk, which had sprinkle holes. Some of these plastic disks had both sprinkle holes and also a lift-up flap for pouring spices. The manufacturer might skip this second step, depending on whether it thought consumers wanted to sprinkle that particular spice. Finally, the manufacturers added a threaded, screw-on, metal or plastic cap. This lengthy process was relatively expensive, but worked to allow the consumer to view the contents of the container, sprinkle the spices contained therein, and enjoy the security of a tamper-evident safety-seal liner. In cases where the manufacturer decided to skip the second step — that is, omit the snap-on plastic disk with sprinkle holes — a less expensive capping procedure was used. Specifically, the manufacturers inserted a pulpboard disk directly into the screw-on cap, and then also inserted a safety-seal liner directly into the cap. This entire cap/disk/liner assembly was then screwed onto the container. The use of an intermediate pulpboard disk was to ensure a uniform sealing pressure of the liner against the container lip; the serew-on cap alone did not supply this necessary uniform pressure on the liner. Although this container-sealing procedure was less expensive than procedures used when a plastic disk with sprinkle holes was involved, even this procedure was still complicated. In time, several manufacturers — including U.S. Cap & Closure, Rosam, and Tone Brothers — developed screw-on caps that had sprinkle and/or spoon flaps built right into the cap. By using this type of cap, manufacturers could skip the extra, intermediate step of adding a fitment, or snap-on plastic disk with sprinkle holes. In order to attach a safety-seal liner to the container, however, they still had to use a cap/pulpboard disk/liner assembly, or attach the safety-seal liner separately. Indeed, the new screw-on caps with built in sprinkle/spoon flaps required use of the pulpboard disk even more, because the plugs on the flap that covered the sprinkle holes tended to tear the liner when the whole assembly was screwed onto the container. It was at this time in the evolution of spice-cap technology that Weatherchem began to develop a new cap, which it eventually called the “Flapper.” As it was finally produced, the Flapper was a one-piece, screw-on plastic cap, with two flaps — one for sprinkling and one for spooning. More important, the Flapper was designed to apply uniform sealing pressure on a safety-seal liner, when the liner was inserted into the cap and screwed onto the container. This sealing feature made use of a pulpboard disk, or a separate step to attach a safety-seal liner, unnecessary. In other words, by using the Flapper, manufacturers could simply insert a safety-seal liner into the cap, and screw the cap onto the container. The extra steps of insertion of a pulpboard disk, attachment of a liner, and/or attachment of a plastic disk with sprinkle holes, were not required. Moreover, when the Flapper was screwed on to a container, the sprinkle/spoon flaps popped open less frequently than did other caps on the market. The manner and timing of Weatherchem’s development of the Flapper is critical. On October 15, 1984, Weatherchem met with Durkee to discuss design and manufacture of a 63 millimeter spice cap with sprinkle and spoon flaps. Durkee explained that it wanted a cap similar to', but different than, an existing Tone Brothers cap, and also wanted to include a safety-seal liner. The Tone Brothers cap was then the only single-piece cap with both sprinkle and spoon flaps built into the cap. Ten days later, Weatherchem presented to Durkee price quotations for design of a mold to produce such a cap, and on November 8, 1984, Durkee issued a purchase order for design of the mold. Over the next several weeks, Weatherchem and Durkee sent back and forth to each other designs, drawings, and revisions, together fashioning the cap Weatherchem would ultimately produce for Durkee. By February 18, 1985, Weather-ehem had produced a drawing entitled “Dur-kee Concept T2 Cap, Revision B.” This drawing did contain some “if-then” contingencies — for example, the drawing noted that changes might be necessary if, after sampling the cap, Durkee wanted the plugs on the sprinkle flap to fit the sprinkle holes more firmly — but was essentially complete. Thus, on February 19,1985, Durkee issued a purchase order for the mold, with delivery of the mold to be no later than June 14, 1985, and delivery of cap samples to be no later than June 20, 1985. Weatherchem accepted this purchase order on May 13, 1985, and noted it would charge Durkee $300 for 500 cap samples. Weatherchem proceeded successfully with manufacture of the mold and shipped 990 cap samples to Durkee on or about July 17,1985. As both Weatherchem and Durkee expected, these samples needed slight modifications. For example, it was determined that the caps were unacceptably oval and the spoon flap popped open too frequently when the cap was screwed onto a container. Over the next few months, Durkee and Weatherchem worked on correcting these problems. Although these problems had not been entirely ironed out, on August 16,1985, Weatherchem quoted to Durkee a price of $156.04 per thousand caps, for an order of 500,000 caps. On September 3, 1985, Durkee responded with a purchase order for 275,000 caps at the $156.04 per thousand price. After this date, Weatherchem continued to work out some “kinks” in the eap mold, and finalized its cap mold on December 31, 1985. Weatherchem then began mass production of the caps for Durkee on January 3,1986. During this development process, Weath-erchem was also seeking other consumers for what would ultimately be called the Flapper. In fact, Weatherchem had picked the name, Flapper, for its new cap as early as February 5, 1985. In mid-March of 1985, just after Durkee had placed its purchase order for “Durkee Concept T2 Cap, Revision B,” Weatherchem attempted to sell the same cap to Rosam Industries. On September 23, 1985, Weatherchem also solicited Jason Dairy, discussing sale of between 1 and 2}é million caps annually for containers holding grated cheese. Weatherchem did not immediately take any steps toward obtaining a patent on its Flapper. This may be because at least some Weatherchem personnel believed the Flapper was not patentable: a July 23, 1986 internal Weatherchem memorandum written by a marketing manager so indicates. By letter dated July 28, 1986, however, Weatherchem received surprising news from Durkee. Dur-kee’s letter stated that Durkee intended to file for patent protection covering the Flapper, and warned Weatherchem not to take action that might infringe these patents. Weatherchem responded by itself filing a design patent application on August 25,1986, and filing a regular utility patent application on October 17, 1986. These applications led to issuance of the ’399 patent to Weather-chem. Weatherchem successfully defended this patent in a patent interference action initiated by Durkee in 1987. Weatherchem’s line of Flapper caps, which it produced in varying sizes, quickly enjoyed considerable market success — -by 1988, Weatherchem was selling $1 million worth of Flapper caps annually, and in 1995 it sold about $16 million worth. Of course, one of the spice manufacturers Weatherchem approached early on to solicit sales of the Flapper was Durkee’s main competitor, McCormick. McCormick had two separate spice manufacturing businesses: a Food Service Division and a Retail Division. By 1987, Weatherchem had successfully solicited sales of its Flapper cap to the Food Service Division. The Retail Division, however, was still packaging spices in rectangular, metal spice cans. Clark sold over 150 million of these spice cans, together with fitting plastic snap-on tops, to the McCormick Retail Division each year. In 1987, however, the Retail Division decided to convert to clear bottles with screw-on plastic caps. Upon learning of this decision, Weatherchem made a formal proposal to the Retail Division on November 10, 1987 regarding purchase of the Flapper. Apparently, the Retail Division found the quoted price too high. Rather than negotiate with Weatherchem, the Retail Division approached Clark and asked whether it could provide a competitive cap. Knowing that it stood to lose a huge piece of business, Clark worked hard to create a cap competitive with Weatherchem’s Flapper. Ultimately, Clark did produce such a product, referred to herein as the Clark-1 cap. Clark began producing the Clark-1 cap for McCormick’s Retail Division in April of 1989. Production began only after McCormick had demanded from Clark an agreement indemnifying McCormick for any patent infringement by the Clark-1 cap. By May of 1991, the McCormick Retail Division had purchased over 200 million Clark-1 caps from Clark. While Clark was developing the Clark-1 cap, Weatherchem was continuing its sales of Flapper caps. In May of 1988, one of Weatherchem’s customers, a company called Gel Spice, ran into problems with the Flapper — the flaps popped open at excessive rates when the cap was screwed onto the container. This flap-popping was apparently due to the unusually high torque levels employed by the machines Gel Spice used to screw the caps onto the containers. In June of 1988, Weatherchem solved this problem by adding reinforcing ribs between the sealing surface and the skirt of the Flapper. These ribs made the entire Flapper more stiff, thus decreasing ovality and limiting the frequency of flap-popping during high-torque capping. On July 26, 1988, shortly after it had modified its Flapper to solve Gel Spice’s problems, Weatherchem applied for a new patent on this “ribbed Flapper.” This new patent application occurred during Clark’s development of, and before its mass production of, the Clark-1 cap. In July of 1992, after this litigation had been initiated, Clark redesigned its Clark-1 cap. The Clark-1 cap contained 26 reinforcing ribs. Clark’s redesigned cap (referred to herein as the Clark-2 cap) modified the Clark-1 cap by reducing the number of reinforcing ribs to 16, and adding a tiny annular bead to the sealing surface. The annular bead, only 0.008 inches thick, is functionally insignificant. II. Weatherchem claims that both the Clark-1 cap and the Clark-2 cap infringe its ’399 patent. In response, Clark argues that: (1) the Clark-1 and Clark-2 caps do not infringe the ’399 patent, either literally or under the doctrine of equivalents; (2) the ’399 patent is invalid because the invention covered by the patent was placed on sale more than one year before the date of application for the patent; (3) the ’399 patent is invalid because the invention covered by the patent was obvious; and (4) the ’399 patent is unenforceable because Weatherchem engaged in inequitable conduct with the Patent Office. The Court finds that Clark’s first, third, and fourth arguments are without merit: the Flapper was not obvious, Weatherchem did not engage in inequitable conduct with the Patent Office in obtaining the ’399 patent, and the Clark-1 and Clark-2 caps do infringe the ’399 patent. However, Clark’s second argument does have merit: the ’399 patent is invalid because Weatherchem put the Flapper on sale more than one year before the date on which it applied for the patent. The Court concentrates first on its determination that the ’399 patent is invalid due to the on-sale bar. A The Law of the “Ovr-Sale Bar”. An inventor loses his right to a patent if he places his invention “in public use or on sale in this country, more than one year prior to the date of the application for the patent in the United States.” 35 U.S.C. § 102(b). To invalidate a patent under the on-sale bar, the party asserting the bar must demonstrate by clear and convincing evidence “that there was a definite sale or offer to sell more than one year before the application for the subject patent, and that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art.” UMC Elecs. Co. v. United States, 816 F.2d 647, 656 (Fed. Cir.1987). “It is not a violation of the on-sale bar to make preparations for the sale of a claimed invention — an actual sale or offer to sell must- be proved.” Intel Corp. v. U.S. Intern. Trade Comm’n, 946 F.2d 821, 830 (Fed.Cir.1991). ' The ultimate determination that a product was placed on sale under section 102(b) is a question of law, based on underlying facts. KeyStone Retaining Wall Sys. Inc. v. Westrock, Inc., 997 F.2d 1444, 1451 (Fed.Cir.1993). While a wide variety of factors may influence the on sale determination, no single factor controls the application of § 102(b), for the ultimate conclusion depends on the totality of the circumstances. Envirotech Corp. v. Westech Eng’g Inc., 904 F.2d 1571, 1574 (Fed.Cir.1990). The underlying policies are what drives the § 102(b) analysis. See King Instrument Corp. v. Otari Corp., 767 F.2d 853, 860 (Fed.Cir.1985). Foremost among these is the policy of preventing inventors from exploiting the commercial value of their inventions while deferring the beginning of the statutory term. See Envirotech, 904 F.2d at 1574 (explaining policies underlying the bar). To this end, the inventor is strictly held to the requirement that he file his patent application within one year of any attempt to commercialize the invention. The demands of this policy must be weighed with the sometimes inconsistent goals of encouraging prompt and widespread disclosure of inventions to the public, discouraging the removal of inventions from the public domain when the public has come to rely on then-ready availability, and giving inventors a reasonable period to discern the potential value of an invention. Id; Ferag, AG v. Quipp, Inc., 45 F.3d 1562, 1566 (Fed.Cir.1995). Although the general purpose behind the § 102(b) bar is to require inventors to assert with due diligence their right to a patent through the prompt filing of a patent application, “a patentee may escape the section 102(b) bar on the ground the use or sale was experimental.” LaBounty Mfg., Inc. v. U.S. Intern. Trade Comm’n, 958 F.2d 1066, 1071 (Fed.Cir.1992). “[A] use or sale is experimental for purposes of section 102(b) if it represents a bona fide effort to perfect the invention or to ascertain whether it will answer its intended purpose .... If any commercial exploitation does 'occur, it must be merely incidental to the primary purpose of experimentation to perfect the invention.” Pennwalt Corp. v. Akzona Inc., 740 F.2d 1573, 1580-81 (Fed.Cir.1984) (citations omitted); Barmag Barmer Maschinenfabrik AG v. Murata Machinery, Ltd., 731 F.2d 831, 889 (Fed.Cir.1984). A single sale or offer to sell is enough to bar patentability. In re Caveney, 761 F.2d 671, 676 (Fed.Cir.1985). Even free distribution of a prototype may raise the on-sale bar if it is done to solicit a sale. Stearns v. Beckman Instruments, Inc., 737 F.2d 1565 (Fed.Cir.1984). Factors that tend to show an inventor’s experimental relationship with a customer despite a sale or offer for sale have included, for example: (1) non-payment by the customer for the “experimental” device; (2) agreement by the customer to use the device secretly; (3) maintenance of a testing schedule and records; (4) continued control by the inventor of the patented equipment while in the hands of a purchaser; and (5) lack of advertising and promotion of the “experimental” product. Sinskey v. Pharmacia Ophthalmics, Inc., 982 F.2d 494, 498 (Fed. Cir.1992), cert. denied, 508 U.S. 912, 113 S.Ct. 2346, 124 L.Ed.2d 256 (1993); U.S. Environmental Prods., Inc. v. Westall, 911 F.2d 713, 717-18 (Fed.Cir.1990). “An inventor’s protestation of an intent to experiment, expressed for the first time during litigation, is of little evidentiary value, at best.” LaBounty, 958 F.2d at 1071. Indeed, “an inventor’s subjective intent is immaterial when objective evidence points otherwise.” Harrington Mfg. Co. v. Powell Mfg. Co., 815 F.2d 1478, 1481 n. 3 (Fed.Cir.1986). When sales are made in an ordinary commercial environment and the goods are placed outside the inventor’s control, an inventor’s secretly held subjective intent to “experiment,” even if true, is unavailing without objective evidence to support the contention. In re Brigance, 792 F.2d 1103, 1108 (Fed.Cir.1986). Under such circumstances, the customer at a minimum must be made aware of the experimentation. As stated in In re Dybel, 524 F.2d 1393, 1401 (C.C.P.A.1975), an inventor’s “failure to communicate to any of the purchasers or prospective purchasers of his device that the sale or offering was for experimental use is fatal to his case.” Regarding the burdens on the parties in proving the on-sale bar, “the challenger has the burden of proving that there was a definite sale or offer to sell more than one year before the application for the subject patent, and that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art.” UMC Elecs., 816 F.2d at 656. If this initial burden is met by a challenger, the patent owner is called upon to come forward with an explanation of the circumstances surrounding what would otherwise appear to be commercialization outside the grace period. T.P. Labs., Inc. v. Professional Positioners, Inc., 724 F.2d 965, 971 (Fed.Cir.1984); D.L. Auld Co. v. Chroma Graphics Corp., 714 F.2d 1144, 1150 (Fed.Cir.1988); In re Dybel, 524 F.2d at 1400 (and cases cited therein). “If the inventor had merely a conception or was working towards development of that conception, it can be said there is not yet any ‘invention’ which could be placed on sale. A sale made because the purchaser was participating in experimental testing creates no on-sale bar.” UMC Elecs., 816 F.2d at 657. In the end, the “key question ... is whether, under the totality of the circumstances, the inventor placed his invention on sale, objectively manifested by a sale or offer for sale of a product that embodies the invention claimed in the patent.... [T]his is an objective test, and ... at its heart lies the inventor’s attempt to commercialize the invention.” Ferag, 45 F.3d at 1568. B. Application of 35 U.S.C. § 102(b) to the Facts of this Case. On August 25, 1986, about eight months after Weatherchem initiated mass production of the Flapper for Durkee, Weatherchem filed a design patent application, Des. 305,-206. Weatherchem then filed a regular utility patent application on October 17, 1986, which led to issuance of the ’399 patent. As an initial matter, Weatherchem asserts the critical application date in this case should be August 25, 1986 and not October 17, 1986. The Court rejects this assertion. “[A]n applicant is entitled to claim the benefit of the filing date of an earlier application for a later-claimed invention only when that earlier application discloses that invention in the maimer required by 35 U.S.C. § 112 first paragraph.” In re Berkman, 642 F.2d 427, 429 (C.C.P.A.1981). Drawings may be used to satisfy the disclosure requirement. Id. Thus, Weatherchem may rely upon the design patent application date only if the drawings contained in Des. 305,206 disclose the claimed elements of the invention. The drawings in Des. 305,206 show seven views of an entire one-piece, screw-on, two-flap spice cap; there are no close-up views or detailed sectional drawings. Conceivably, one or two of these seven drawings do permit one skilled in the art to discern that the cap has “a chordal land area between the spoon and shake sides, each of said sides having an associated flap hinged on said land.” But none of the seven drawings allow one skilled in the art to discern the cap has “an annular sealing ledge on the lower side of the end wall interior of said skirt, the land area having a lower surface generally coplanar with said sealing ledge and adapted to cooperate with said sealing ledge to support a sealing sheet received in said cap,” or “an annular sealing ledge on the lower side of the end wall interior of said skirt, the sealing ledge having a flat surface extending radially a distance substantially equal to at least twice the nominal wall thickness of the cap.” Because Weatherchem’s design patent application “fail[s] to disclose the claimed invention sufficiently to comply with the requirements of § 112 first paragraph,” it is the utility patent application that is relevant to the on-sale bar determination. As noted, this application was filed on October 17,1986. Thus, Weatherchem’s patent is not valid if Weatherchem placed the Flapper into public use or on sale before October 17,1985. The evidence is clear that Weatherchem did just that. As noted above, Durkee and Weatherchem worked together to produce a spice cap that fit Durkee’s design needs. On February 18,1985, Weatherchem produced a drawing entitled “Durkee Concept T2 Cap, Revision B” which included most of the design elements Durkee required. Thus, on February 19,1985, Durkee issued a purchase order for the mold, with delivery of the mold to be no later than June 14, 1985 and delivery of cap samples to be no later than June 20, 1985. Weatherchem accepted this purchase order on May 13, 1985, and noted it would charge Durkee $300 for 500 cap samples. Weatherehem shipped 990 cap samples to Durkee on or about July 17, 1985. Durkee evaluated these samples and found most of the specified dimensions had been met, but that problems existed with overall ovality, seeureness of the spoon flap lock, and the strength of the flap hinges. Durkee notified Weatherehem of these problems on August 15, 1985, and also noted it wanted the sprinkle hole plugs to be hollow and the words “sift" and “spoon” to be embossed on the flaps. Although these problems remained, on August 16, 1985, Weatherehem quoted to Durkee a price of $156.04 per thousand caps, for an order of 500,000 caps. On August 23,1985, Weatherehem committed to resolving the problems Durkee had identified, and promised it would provide another 1,000 samples by August 28. Weather-chem also stated it expected to “have all refinement work completed on the unit mold by the week of September 16 and [to] gain Durkee’s final approval at this time.” On September 3, 1985, Durkee responded to Weatherchem’s August 16, 1985 price quote with a purchase order for 275,000 caps at the $156.04 per thousand price. Over the next few weeks, Weatherehem continued to provide cap samples to Durkee, and Durkee continued to identify minor problems with the samples. On September 19, 1985, for example, Weatherehem stated it would make four changes to the cap mold to meet Durkee’s continuing concern that the flaps did not stay down securely; on. September 25, 1985, Weatherehem attempted to charge Durkee $4,900 for these changes. On October 16,1985, however, Durkee refused to make this $4,900 payment, noting that the design of the spice cap “was not a joint venture as stated by you earlier. All we asked was for you to deliver a cap that Vorks.’ Design and performance shortcomings were your responsibility.” Thereafter, Weatherehem continued to make changes to the mold to address the security of the latches on the flaps. On November 27, 1985, for example, Weather-chem agreed to make several more detailed changes to the cap mold, all of which were again addressed to the flap locking mechanism. It is clear that none of the changes to the cap mold made after September 19, 1985 (at the latest) were directed to the problem of ovality. None of the changes were ever addressed specifically to the chordal land area or the annular sealing ledge portions of the cap. In light of this history, it is quite clear that Weatherehem placed into public use or on sale a product that fully anticipated the claimed invention before October 17, 1985. Before this critical date, Weatherehem had supplied Durkee with thousands of sample caps. Although these samples were not “final” in that adjustments were made to the flap portions of the cap after October 17, 1985, the samples certainly included “a chordal land area between the spoon and shake sides, each of said sides having an associated flap hinged on said land,” “an annular sealing ledge on the lower side of the end wall interior of said skirt, the land area having a lower surface generally eoplanar with said sealing ledge and adapted to cooperate with said sealing ledge to support a sealing sheet received in said cap,” and “an annular sealing ledge on the lower side of the end wall interior of said skirt, the sealing ledge having a flat surface extending radially a distance substantially equal to at least twice the nominal wall thickness of the cap.” In fact, at least some (if not the earliest) of the samples that Weatherehem sold to Durkee undisput-edly included every element of the claims set forth in the ’399 patent. Weatherchem’s samples “fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art.” UMC Elec., 816 F.2d at 656. Weatherchem’s dealings with Durkee during the summer and fall of 1985 were not merely “preparations for the sale” of the cap; they were an actual sale. Intel, 946 F.2d at 830. Firm commitments and money changed hands for a device that included all the elements of the patented device. Weather-ehem’s actions were certainly for the purpose of “exploiting the commercial value of’ its invention and not mere experimentation. This commercial exploitation was not “merely incidental to the primary purpose of ... perfect[ing] the invention.” Pennwalt, 740 F.2d at 1581. Weatherchem argues that, until it created the “final” version of the Flapper in December of 1985, the caps it created were only concepts, or were merely experimental. There was certainly a period when the Flapper was “merely a conception.” UMC Elecs., 816 F.2d at 657. But at some point in time, between early February of 1985 — -just before Durkee approved the drawing entitled “Dur-kee Concept T2 Cap, Revision B” — and late September of 1985 — by which time Weather-chem had supplied modified samples of the cap to Durkee — the Flapper ceased to be a conception and became an “ ‘invention’ which could be placed on sale.” Id. Moreover, the invention was actually placed into public use or on sale before October 17, 1985. This occurred, at the very latest, in late September of 1985, when Weatherchem sold to Dur-kee modified cap samples which, even if these samples did not embody the invention described in the ’399 patent (which they did), “rendered the claimed invention obvious [through their] addition to the prior art.” Id. at 656. Nor can Weatherchem avoid the consequences of its actions by pleading “experimentation.” During the course of the communications between Durkee and Weatherchem leading to the final design for and production of the Flapper, Durkee never agreed to use and test the cap secretly, or limit what it did with the sample caps upon receipt, or participate in the development of the product in any way other than as a customer. Neither Weatherchem nor Durkee, nor any other entity, specifically agreed to or did maintain a testing schedule or testing records. Weatherchem did not seek or obtain any agreement from Durkee that Weatherchem would maintain control over the sample caps while Durkee tested them. Indeed, Weatherchem advertised the Flapper to customers other than Durkee well before Durkee ever placed its first purchase order for the caps. All of these factors point overwhelmingly to the conclusion that Weatherchem was not in an “experimental relationship” with Dur-kee. Sinskey, 982 F.2d at 498; Westall, 911 F.2d at 717-18. Weatherchem’s statements at trial that, during the time it produced and modified the sample caps for Durkee’s evaluation, it had a subjective intent to experiment, are “immaterial” and unavailing. Harrington, 815 F.2d at 1481; Brigance, 792 F.2d at 1108; Dybel, 524 F.2d at 1401. In sum, Clark has carried its burden of proving by clear and convincing evidence that Weatherchem made a definite sale or offer to sell a spice cap which fully anticipated the ’399 patent, more than one year before the application for that patent. Weath-erchem has not shown that this sale was for experimental purposes, or that there is any other reason this sale does not violate the on-sale bar of 35 U.S.C. § 102(b). The totality of the circumstances shows clearly and convincingly that Weatherchem attempted to and did commercialize its invention more than one year before October 17, 1986. As such, Weatherchem’s ’399 patent is invalid. C. Clark’s Other Arguments Regarding the ’399 Patent. As noted, Clark also directs three other arguments toward Weatherehem’s claims it infringes the ’399 patent. Because the Court has found that the ’399 patent is invalid under the on-sale bar, however, these other arguments are moot. Nonetheless, for the purpose of completeness and in the interest of aiding appellate review, the Court further finds that Clark’s three other arguments are without merit: the Flapper was not obvious, Weatherchem did not engage in inequitable conduct with the Patent Office in obtaining the ’399 patent, and the Clark-1 and Clark-2 caps do infringe the ’399 patent. Appended to the end of this opinion are additional findings of fact and conclusions of law in support of these determinations. The Court now turns to Weatherchem’s claims regarding the ’494 patent. III. Like its ’399 patent, Weatherchem claims that both the Clark-1 cap and the Clark-2 cap infringe its ’494 patent. In response, Clark argues that: (1) the Clark-1 and Clark-2 caps do not infringe the ’494 patent, either literally or under the doctrine of equivalents; (2) the ’494 patent is invalid because the invention covered by the patent was not novel, Clark having invented it first; (3) the ’494 patent is invalid because the invention covered by the patent was obvious; and (4) the ’494 patent is unenforceable because Weatherchem committed fraud upon the Patent Office by intentionally failing to disclose material prior art of which it was aware. The Court finds that Clark’s second and fourth arguments are without merit: Clark did not first invent the invention described in the ’494 patent, and Weatherchem did not commit fraud upon the Patent Office. However, the Court finds Clark’s first and third argument do have merit: the ’494 patent is invalid because the invention sought to be patented was obvious to one with ordinary skill in the art at the time of the invention; and even if the ’494 patent were valid, the Clark-1 and Clark-2 caps do not infringe it. The Court concentrates first on its finding of non-infringement. A The Law of Infringement. “[Wlhoever without authority makes, uses, offers to sell or sells any patented invention, within the United States ... during the term of the patent ... infringes the patent.” 35 U.S.C. § 271(a). The patent owner has the burden of proving infringement, whether literal infringement or infringement under the doctrine of equivalents, by a preponderance of the evidence. Hughes Aircraft Co. v. U.S., 717 F.2d 1351 (Fed.Cir.1983). An infringement analysis entails two steps. The first step, commonly known as claim construction or claim interpretation, is determining the meaning and scope of the patent claims asserted to be infringed. The second step is comparing the properly construed claims to the device accused of infringing. Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed.Cir.1995), aff'd, — U.S. -, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). The construction of the patent and the terms contained therein is an issue to be determined by the court as a matter of law. Markman v. Westview Instruments, Inc., — U.S. -, -, 116 S.Ct. 1384, 1396, 134 L.Ed.2d 577 (1996). To ascertain the meaning of the claims, a court should consider the claim language, the other claims, the patent specification, the prosecution history, and the prior art. Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995), aff'd, — U.S. -, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996); United States v. Adams, 383 U.S. 39, 49, 86 S.Ct. 708, 713, 15 L.Ed.2d 572 (1966); SRI, Int’l v. Matsushita Elec. Corp., 775 F.2d 1107, 1118 (Fed.Cir.1985). “Expert testimony, including evidence of how those skilled in the art would interpret the claims, may also be used.” Fonar Corp. v. Johnson & Johnson, 821 F.2d 627, 631 (Fed.Cir.1987). In construing a claim, claim terms are to be given their ordinary meaning unless examination of the specification, prosecution history, and other claims indicate that the inventor intended otherwise. Carroll Touch, Inc. v. Electro Mechanical Systems, 15 F.3d 1573, 1577 (Fed.Cir.1993). The claims must be read in view of the specification, of which they are a part. Markman, 52 F.3d at 979. For purposes of construing the claim, the written description contained in the specification may act as a sort of dictionary, which explains the invention and may define the terms used in the claims. Id. Normally, however, words in a claim will be given their ordinary meaning. Envirotech Corp. v. Al George Inc., 730 F.2d 753, 759 (Fed.Cir.1984). In construing the claims, the court may look to the patent’s prosecution history if it is a part of the record in the case. Markman, 52 F.3d at 980. “This ‘undisputed public record’ of proceedings in the Patent and Trademark Office is of primary significance in understanding the claims.” Id. Although the prosecution history can be used when construing the claims, it cannot enlarge, diminish or vary the limitations in the claims. Id. The court may also consider extrinsic evidence to aid the court in coming to a correct conclusion as to the true meaning of the language employed by the patent. Id. Extrinsic evidence consists of all evidence external to the patent and prosecution history, including expert and inventor testimony, dictionaries, and learned treatises. This evidence may be helpful to explain scientific principles, the meaning of technical terms, and terms of art that appear in the patent and prosecution history. The district court is free to use helpful extrinsic evidence and reject other evidence as unhelpful. Id. Extrinsic evidence, however, may not be used to vary or contradict the terms of the claims. Id. at 981. The district court’s claim construction, enlightened by such extrinsic evidence as may be helpful, must still be based upon the patent itself and the prosecution history. Id. “When, after considering the extrinsic evidence, the court finally arrives at an understanding of the language as used in the patent and prosecution history, the court must then pronounce as a matter of law the meaning of that language.” Id. The second prong of the infringement analysis, comparison of the claim to the accused device or process, is a question of fact. Markman, 52 F.3d at 976. When an allegedly infringing product includes every limitation of the patent claim, literal infringement is made out, and that is the end of the inquiry. Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, 607, 70 S.Ct. 854, 855, 94 L.Ed. 1097 (1950). The presence of additional elements in the accused device is irrelevant if all of the claimed elements are present in it. Amstar Corp. v. Envirotech Corp., 730 F.2d 1476, 1482 (Fed.Cir.1984), cert. denied, 469 U.S. 924, 105 S.Ct. 306, 83 L.Ed.2d 240 (1984). Even if an accused device does not literally infringe a patent claim, the accused device is still found to infringe the patent claim under the doctrine of equivalents if the accused device: (1) performs substantially the same function, (2) in substantially the same way, (3) to achieve substantially the same result. Graver Tank, 339 U.S. at 608, 70 S.Ct. at 856; Goodwall Constr. Co. v. Beers Constr. Co., 991 F.2d 751 (Fed.Cir.1993); Pennwalt Corp. v. Durand-Wayland, Inc., 838 F.2d 931, 934 (Fed.Cir.1987), cert. denied, 485 U.S. 961, 108 S.Ct. 1226, 99 L.Ed.2d 426 (1988). The doctrine of equivalents is designed to avoid “a fraud on a patent” by discouraging a copyist from making changes in the patent which, though adding nothing, take the copied matter outside the claim. Graver Tank, 339 U.S. at 607-08, 70 S.Ct. at 855-56. A patentee may not obtain under the doctrine of equivalents, however, coverage he could not lawfully obtain from the Patent Office by literal claims. Wilson Sporting Goods v. David Geoffrey & Assocs., 904 F.2d 677, 684 (Fed.Cir.1990). The range of equivalents afforded a patent varies with the degree of invention. A pioneer invention, one which represents a major advance over the prior art, is entitled to a broad and liberal application of the doctrine of equivalents. Thomas & Betts Corp. v. Litton Systems, Inc., 720 F.2d 1572 (Fed.Cir.1988). The doctrine of equivalents is a factor to be considered in an infringement analysis only when actual literal infringement is not found. Hughes Aircraft Co. v. United States, 717 F.2d 1351 (Fed.Cir.1983). Infringement is determined by comparing the accused device with the claims, not with the preferred or commercial embodiment. Martin v. Barber, 755 F.2d 1564, 1567 (Fed.Cir.1985). Claims should be construed, if possible, to sustain their validity. ACS Hosp. Systems, Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577 (Fed.Cir.1984). However, courts cannot alter what the paten-tee has chosen tó claim as his invention. SSIH Equipment S.A. v. U.S. International Trade Com., 718 F.2d 365, 378 (Fed.Cir.1983). Particular embodiments appearing in the specifications will not be read into the claims; examples are not what is patented. Shamrock Technologies, Inc. v. Medical Sterilization, Inc., 903 F.2d 789, 792 (Fed.Cir.1990); Specialty Composites v. Cabot Corp., 845 F.2d 981, 987 (Fed.Cir.1988). B. Application of 35 U.S.C. § 271(a) to the Facts of this Case. 1. Construing the Claims. The ’494 Patent calls for a “sealing land” to be “inwardly spaced from [the cap’s] skirt” (as opposed to adjoining it) and to be anchored to the skirt wall by “reinforcing ribs” between the land and the skirt. Figure 1 of the ’494 Patent displays a perspective view of the patented cap (and is very similar to Figure 1 of the ’399 Patent). Figure 1 of the ’494 Patent, shown below, is a view of the interior of the cap. This drawing shows the inside of a cap with two openable flaps that is designed to be threaded onto a container. Identified by numeral 36 is “a circular and planar land which is spaced a substantial distance in from the inner wall 31 of the skirt and is concentric therewith.” (Emphasis added). The patent specification defines the “land” in terms of a particular shape and form: “The land 36 is in the form of a downwardly projecting rib which extends down from the remaining portions of the end wall.... ” (emphasis added). Figures 5 through 8, discussed and displayed in more detail below, further demonstrate that the land 36 is intended to be the bottom surface of a circular ridge projecting downward from the end wall and parallel to the skirt wall 11 of the cap. It is important to note the difference between a “land” and a “ledge.” The common meaning of the word “land” shows that the circular land to which Weatherchem refers in the ’494 patent is physically distinct from the underside of the end wall, and not merely a discrete ring-shaped portion of an entirely planar bottom surface of the end wall. Nor is a “sealing land” the same as a “sealing ledge.” "Whereas a downward-extending “land” is a ridge, with matter on either side of it that is higher than the lowest portion of the ridge, a downward-extending “ledge” is a shelf, with matter on one side that is higher, while the other side of the shelf is affixed to and extends from a face. As a simple analogy, a block of wood attached to both the ceiling and a wall of a room, at the junction of the ceiling and wall, is a ledge; the same block attached only to the ceiling, spaced out from the wall, is a land. Weatherehem itself understood this distinction when it described the invention covered by the ’399 patent. As shown in Figure 2 of the ’399 patent, below, which portrays the cap screwed onto a container, the “annular sealing ledge” (51) extended from and was affixed to the skirt, at the junction of the end wall; the “chordal land area” (16) extended from the end wall alone, which was higher than the chordal land area on both sides. Returning to the ’494 patent, Figures 2 and 5-8, shown below, also clearly show that the “land 36” is anchored to the inner wall of skirt 11 by ribs 71. These ribs, together with the skirt and the land, create a series of arcuate, box-like structures. According to the specification, that connection imparts greater rigidity to the cap: It has been found that there is a tendency for the portion of the end wall 12 between the land 36 and the skirt to deflect slightly if the cap is threaded tightly onto the container. Such deflection tends to cause the flap latching system to malfunction. Therefore, the cap is provided with a plurality of peripherally spaced radially extending ribs 71 extending between the land 36 and the adjacent portions of the skirt 11 to resist such deflection.... Thus, all of the challenged claims of the ’494 Patent require: 1. a “sealing land” or “sealing surface” that extends down from the underside of the end wall, and is not merely an area of the underside of the end wall itself or a ledge attached to the skirt; and 2. “reinforcing ribs extending below said end wall radially between said sealing land [or surface] and [said] skirt, ... whereby said reinforcing ribs provide an anchoring action for said end wall portion and sealing land by imparting the inherent stiffness of the cylindrical skirt, ... to the end wall portion and the sealing land [or surface] to resist deflection....” The ribs must be between the sealing land and skirt, not entirely below the sealing land. In light of the ordinary meaning of the terms and the definitions employed in the patent specification and drawings discussed above, the term “sealing land” or “sealing surface” must be construed to mean the bottom surface of a circular ridge projecting downward from the underside of the end wall of the cap — it is a land, not a ledge. Moreover, the “radial ribs” referred to in the patent must be construed to mean ribs positioned between the skirt wall and the sealing land — even in such a way that the lower surface of the rib is still higher than the lower surface of the sealing land, as shown in figures 5 through 8 and described in the patent specification at column 6, lines 59-60. The ribs cannot be entirely below the lowest surface of the sealing land. Weatherchem submitted two sketches, attached to the February 5, 1990 amendment (DTX1030 at 65), allegedly demonstrating its invention (see next page). Sketch A clearly shows a sealing land extending below the end wall, with anchoring ribs positioned between the skirt wall and the sealing land; it is apparent that the sealing surface referred to is different from, and not coplanar with, the bottom surface of the end wall itself. Sketch A accurately depicts what is claimed in the ’494 patent. Sketch B, however, does not conform with the specification or drawings contained in the patent as finally allowed, or in the proposed-but-denied patent applications, nor does it conform with the common meaning of the words used to describe the invention. Sketch B shows the “sealing land” as an area of — that is, a portion of and the same thing as — the lower surface of the comer formed by the skirt and the end wall. This “land” area, therefore, is either merely the underside of the end wall itself, or a separate ledge placed at the junction of the skirt and end wall — it is not really a “land.” Indeed, Weatherchem’s attorney, Mr. Howard Shi-mola, testified that Sketch B shows the ledge described in the ’399 patent, but “with ribs.” Sketch B also shows triangular gussets, .or ribs, lying completely below this sealing ledge. While Sketch B may show what was claimed in the ’399 patent, büt “with ribs,” Sketch B does not show what the patentee invented or claimed in the ’494 patent. Sketch B does not appear in the ’494 patent and is not described in the patent. Although particular limitations or embodiments appearing in the specification should not be read into the claims, the Court holds that, in light of the entire prosecution history, the claims and the specification are identical on this point — a sealing ledge is different from a sealing land. The term “reinforcing ribs between said sealing land [or surface] and skirt [providing] an anchoring action for said end wall and sealing land [or surface]” must be construed to mean ribs extending between (i.e., contacting and providing a physical connection with) and anchoring the sealing land to the skirt wall of the cap. The ribs cannot merely connect the end wall with the skirt, or connect a ledge at the junction of the end wall and skirt, to the skirt. The prosecution history of the ’494 Patent conforms to the definitions employed in the patent specification and compels the use of the ordinary meaning of the claim terms. The ’494 Patent prosecution history is extensive, with numerous statements by the applicant and by the examiner, which have a restrictive or estoppel effect regarding the meaning of the claims. Southwall Technologies, Inc. v. Cardinal IG Co., 64 F.3d 1570, 1579 (Fed.Cir.1995). In order to overcome two rejections of the claims by the Patent Office because of prior art references (the Hickman a