Ex Parte Gerard - Page 6



          Appeal No. 2004-2256                                                        
          Application 10/042,738                                                      


          defined by appealed claims 1 and 7 (e.g., see the paragraph                 
          bridging pages 5 and 6, and especially the first full sentence on           
          page 6, of the Answer).  However, we agree with the appellant               
          (e.g., see the last paragraph on page 6 of the Brief) that the              
          examiner has not provided an adequate basis for his finding that            
          Hopper discloses, either expressly or under principles of                   
          inherency, the claim 1 requirement “first connector means for               
          releasably interconnecting said first and second frame halves               
          when said second frame half is in the ship orientation” or the              
          claim 7 requirement “first connector means unitary with said                
          first and second frame halves for releasably interconnecting said           
          first and second frame halves.”                                             
                    The aforequoted claim limitations are in means-plus-              
          function format.  Thus, in accordance with the sixth paragraph of           
          35 U.S.C. § 112, the examiner must look to the specification and            
          construe the “means” language as limited to the corresponding               
          structure disclosed in the specification and equivalents thereof.           
          In re Donaldson, 16 F.3d 1189, 1194-95, 29 USPQ2d 1845, 1850                
          (Fed. Cir. 1994).  The first step in construing such a limita-              
          tion is to identify the function of the means-plus-function                 


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