Appeal No. 97-4097
Application 08/442,525
repeating, continuous cycle. The examiner points to rheostat2
48 as a means for controlling the rate of motor operation. We
agree with appellant that the rheostat of Fleemin does not
provide a means for automatically varying when this means-
plus-function limitation is interpreted in light of appel-
lant's specification
and with regard to the equivalents of the described means
therein. In this instance, the examiner can point to no
structure in Fleemin similar to the timer and stepper con-
trolled motor disclosed in appellant's specification and/or
equivalents thereof, nor can the examiner point to any func-
tion in Fleemin that is similar to the function claimed by
appellant. In fact, the examiner never makes any factual
finding that Fleemin has a means for automatically varying
as claimed in independent claim 1.
2We have construed the limitation in light of the appara-
tus for performing the function disclosed in appellant's
specifica-tion and equivalents thereof. In re Donaldson Co.,
16 F.3d 1189, 1193, 29 USPQ2d 1845, 1848 (Fed. Cir. 1994).
4
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