Appeal No. 96-0209
Application 07/922,501
music information reproduction means is entirely uncertain. For
reasons discussed below, also, we find that elements 30-32 can
not be read as part of a music information reproduction means
within the meaning as defined in the appellants' specification.
Citing In re Donaldson, 16 F.3d 1189, 1192-1195, 29 USPQ2d
1845, 1848-1850 (Fed. Cir. 1994) (in banc), the appellants
correctly assert (Br. at 18) that the examiner may not disregard
the structure disclosed in the specification which correspond to
the various claimed means-plus-function features. Indeed, it is
not sufficient for the examiner to find that the recited function
in a means-plus-function clause is performed by some element in
the prior art reference. Instead, the elements relied on by the
examiner to satisfy each means-plus-function feature claimed must
be identical to or an equivalent of the appellants' disclosed
structures, material or acts for performing the function.
The structures disclosed in the appellants' specification
corresponding to the music information reproduction means, the
control information reproduction means, and the control means
recited in the claims are particularly specified on page 24 and
again on page 27 of the specification. The music information
reproduction means is composed of the information read system
200, the pre-amplifier part 2, and the audio data decode circuit
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