Appeal No. 2002-0030 Page 6
Application No. 09/314,267
Since a limitation at issue in this appeal is in "means plus function" format as
permitted by 35 U.S.C. § 112, ¶ 6, that limitation must be interpreted to cover the
structure disclosed in the specification and the equivalents thereof.4 In construing a
"means plus function" limitation a number of factors must be considered, including the
language of the claim, the specification, and the prosecution history. Once such factors
are weighed, the scope of the "means plus function" limitation can be determined. See
United States v. Telectronics, Inc., 857 F.2d 778, 782, 8 USPQ2d 1217, 1220 (Fed. Cir.
1988), cert. denied, 490 U.S. 1046 (1989).
In 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). Accordingly, in ascertaining that a "means plus
4 As explained in In re Donaldson, 16 F.3d 1189, 1193, 29 USPQ2d 1845, 1848-49 (Fed. Cir.
1994), the USPTO is not exempt from following the statutory mandate of 35 U.S.C. § 112, paragraph 6,
which reads:
An element in a claim for a combination may be expressed as a means or step for performing a
specified function without the recital of structure, material, or acts in support thereof, and such
claim shall be construed to cover the corresponding structure, material, or acts described in the
specification and equivalents thereof.
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