Finnigan Corp. v. International Trade Commission (180 F.3d 1354, 1999)

LOURIE, Circuit Judge.

Finnigan Corporation appeals from the final determination of the United States International Trade Commission that claims 1-4, 8, 12, 14, and 17 of U.S. Patent 4,540,884 were not literally infringed and that claims 1-4 and 8 were anticipated under 35 U.S.C. § 102(b). See In re Certain Ion Trap Mass Spectrometers and Components Thereof, USITC Inv. No. 337-TA-393 (Dep’t Commerce Feb. 25, 1998) (“Initial Determination”); Certain Ion Trap Mass Spectrometers and Components Thereof; Notice of Final Commission Determination of No Violation of Section 337 of the Tariff Act of 1930, 62 Fed.Reg. 19946 (Dep’t Commerce Apr. 13, 1998) (“Final Determination”). Because the Commission did not err in its construction of the claims and its determination that those claims were not literally infringed, but did err in its conclusion that the claims were anticipated, we affirm-in-part and reverse-in-part.

BACKGROUND

A. The Patented Technology

Finnigan is the assignee of the ’884 patent, which pertains to a method for using a “quadrupole ion trap” to generate a mass spectrum of a trapped sample for purposes of analysis. The. disclosed “quadrupole” ion trap is depicted in Figure 1 of the patent:

The ion trap generally works as follows: The sample to be analyzed is ionized to impart an electrical charge to the atoms or molecules of the sample. The ionized sample is then subjected to an electric field, called a “quadrupole field” or “trapping field,” which is generated by applying a radio-frequency (RF), alternating-current (AC) voltage to electrode ring 11. The magnitude of this AC voltage is denoted as “V” in the patent and its angular frequency is denoted as “