Appeal No. 2000-0511
Application No. 08/758,343
prior art must (1) perform the identical function recited in the means limitation and (2) perform
that function using the structure disclosed in the specification or an equivalent structure. Cf.
Carroll Touch Inc. v. Electro Mechanical Sys. Inc., 15 F.3d 1573, 1578, 27 USPQ2d 1836,
1840 (Fed. Cir. 1994); Valmont Indus. Inc. v. Reinke Mfg. Co., 983 F.2d 1039, 1042, 25
USPQ2d 1451, 1454 (Fed. Cir. 1993); Johnston v. IVAC Corp., 885 F.2d 1574, 1580, 12
USPQ2d 1382, 1386 (Fed. Cir. 1989). The axial pin or pivot 30 of Polotti is used to move the
split ring between the first and second positions and, thus, performs the recited function.
Additionally, in light of the disclosure in lines 24 and 25 on page 11 of the appellant's
specification, the pin or pivot is equivalent to the structure disclosed in the specification.
Accordingly, the pin or pivot 30 meets the "means for moving" limitation of claim 3.
With regard to the limitation in claim 4 that the anchoring means resembles a "bar," we
note that, in proceedings before it, the PTO applies to the verbiage of claims the broadest
reasonable meaning of the words in their ordinary usage as they would be understood by one
of ordinary skill in the art, taking into account whatever enlightenment by way of definitions or
otherwise that may be afforded by the written description contained in the applicant's
specification. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).
In this instance, since the appellant's specification does not define the term "bar," it must be
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