Appeal 2007-2577
Application 90/006,344
stopper for blocking an inwardly projected end shoulder of said
sleeve locker in such a slidably movable manner along said first
connecting member, wherein said sleeve locker, which has a
diameter slightly larger than a diameter of said tubular shelter,
has an inner threaded portion for screwing with an outer
threaded portion of said tubular shelter, so as to fasten said first
connecting member with said second connecting member.
As an initial matter, the claim uses the phrase "locking means", which
raises the threshold question of whether "locking means" invokes
paragraph 6 of 35 U.S.C. 112. In his appeal brief, Prazoff has not requested
the limitation be construed under paragraph 6.12 Nor it is apparent how a
function for the "locking means" is set out in the claim. In any case, the
specification expressly describes a locking means 50, with a sleeve locker 51
and a ring-shaped stopper 52. The sleeve locker is described as screwing
onto a threaded portion 431 of the tubular shelter 43.13 From this we infer,
at a minimum, that the locking means can include a sleeve with interior
threads that screws onto a surface with exterior threads.
12 See 37 C.F.R. § 41.37(c)(1)(v), which require specific identification of
means-plus-function limitations and their corresponding structure.
13 Specification (Spec.) 4:13-24. Both the examiner and Prazoff rely on the
6,379,190 patent as the relevant specification.
4
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