Appeal 2006-2786
Application 10/240,329
sensed by the optical sensing means, the control means operating the flow
directing device to terminate the flow of milk into the branch line and to
direct milk to flow through the main milk line in response to the
predetermined change in the milk transparency being detected” (claim 9)
(Br. 9), and (2) “a control device provided to receive the signal produced by
the transparency sensing means and detect a predetermined change in the
transparency sensed by the transparency sensing means whereby the
transparency falls initially and then rises at the beginning of milk extraction
during the main milking stage, and wherein a means controlled by the
control device is provided to interrupt delivery of milk to the container in
response to the predetermined change in transparency detected by the
control device”2 (claim 19) (Br. 9).
As we previously indicated in our discussion of claims 1 and 5,
Petterson discloses a control unit 14 which receives signals from sensing
means 36 and uses those signals to control the three-way valve 37 to either
direct the foremilk into the waste tank 22 or milk tank 20 (Petterson 6, l. 14
to 7, l. 10). Thus, Petterson discloses “control means [i.e., control unit 14]
operating the flow directing device [i.e., three-way valve 37] to terminate the
2 Neither Appellants nor the Examiner has expressly interpreted the “means-
plus-function” language of these claims. In any event, when properly
interpreted, the here claimed “means” encompasses the structure of
Petterson. For example, Petterson’s “three-way valve” is the same as
Appellants’ “means” for interrupting delivery of milk as recited in claim 19
with the corresponding structure (i.e., a three-way valve) for such “means-
plus-function” language recited in claim 21 (which ultimately depends on
claim 19) and disclosed on page 6, lines 12-19 of the Specification. In re
Donaldson, 16 F.3d 1189, 1195, 29 USPQ2d 1845, 1850 (Fed. Cir. 1994)
(en banc).
9
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