Appeal No. 95-2867 Page 7 Application 07/744,324 CONCLUSIONS OF LAW A. Claim construction 1. Appellants invoke In re Donaldson Co., 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (en banc), in defending their claims. The Donaldson decision requires the Patent and Trademark Office to construe means- or step-plus-function limitations in terms of corresponding structures or acts, respectively, disclosed in the specification. 16 F.3d at 1194-95, 29 USPQ2d at 1850; 35 U.S.C. § 112. It is proper for us to rely on this invocation in the record in determining what Appellants intend to claim. Alpex Computer Corp. v. Nintendo Co., 102 F.3d 1214, 1220, 40 USPQ2d 1667, 1672 (Fed. Cir. 1996). Accordingly, we understand the steps in the appealed claims to be limited to the corresponding acts set forth in the specification. O.I. Corp. v. Tekmar Co., 115 F.3d 1576, 1583, 42 USPQ2d 1777, 1782 (Fed. Cir. 1997). Although the disclosure focuses more on structures than on acts, the functions of the structures provide a sufficient basis for us to determine the underlying acts (just as we rely on the structures in the reference to determine its inherent acts). B. Obviousness 2. Inoue does not teach or suggest a reason for tuning the filter to a frequency related to a local AC line frequency. The factPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007