Ex Parte Ilg et al - Page 5



          Appeal No. 2006-0472                                                        
          Application No. 10/859,119                                                  

          dual functions, i.e., producing a sufficiently high fluid                   
          temperature and a sufficiently low fluid jet velocity.  Moreover,           
          to the extent that “a relatively larger size fluid jet orifice”             
          forms part of the corresponding structure, we cannot ascertain              
          what fluid jet orifice size is included by the structure                    
          corresponding to the claimed means-plus-function components.                
          This is especially true in this situation since the undefined               
          relative fluid jet orifice size referred to in the specification            
          is also dependent on the pressure to which fluid is subjected in            
          producing a low fluid velocity jet.  The specification simply               
          does not link or associate any specific structure to the dual               
          functions (producing a sufficiently low fluid jet velocity and a            
          sufficiently high fluid jet temperature) recited in the claims on           
          appeal.  B. Braun Med., Inc. V. Abbott Labs., 124 F.3d 1419,                
          1424, 43 USPQ2d 1896, 1899 (Fed. Cir. 1997) (“structure disclosed           
          in the specification is ‘corresponding’ structure only if the               
          specification or prosecution history clearly links or associates            
          that structure to the function recited in the claim.  This duty             
          to link or associate structure to function is the quid pro quo              
          for the convenience of employ § 112, ¶6.”).  Nor does the                   
          specification describe the corresponding structure of the claimed           
          means-plus-function component in such a manner that one skilled             
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