Appeal No. 1998-1711 Page 15
Application No. 08/506,387
capabilities of a person skilled in the art. The embodiment of Figure 2 of Penkwitz, for
example, wherein the expansion tank is adapted to surround the washing fluid reservoir, would
have illustrated to such an artisan one simple manner of juxtaposing the expansion tank with the
reservoir 100 of Eustache by forming the expansion tank so as to surround the reservoir 100 in
much the same manner that the reservoir 100 is formed to surround the air conduit 190.
As to claim 5, which depends from claim 4 and additionally requires that the further
reservoir be adapted to contain a hydraulic fluid and that the apparatus include means for
connecting the further reservoir to a hydraulic control circuit , the expansion tank taught by7
Penkwitz appears fully capable of containing a hydraulic fluid. Further, as the connection 22
for a compensator line taught by Penkwitz unquestionably performs a connecting function and
as the appellants' specification fails to provide any details of the means for connecting which
would preclude this type of connection structure, the connection 22 fully responds to the recited
"means for connecting said further liquid reservoir to a hydraulic control circuit."8
As to claim 6, the expansion tank taught by Penkwitz, as we see it, is fully capable of
containing a hydraulic braking fluid for use in a hydraulic braking circuit and the claim requires
no more than this.
7Neither the vehicle nor the hydraulic control circuit is positively recited as part of the claimed invention.
8In order to meet a "means-plus-function" limitation, the 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).
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