Appeal No. 96-0209
Application 07/922,501
the Court further stated:
Therefore, if one employs means-plus-function language
in a claim, one must set forth in the specification an
adequate disclosure showing what is meant by that
language. If an applicant fails to set forth an
adequate disclosure, the applicant has in effect failed
to particularly point out and distinctly claim the
invention as required by the second paragraph of
section 112.
Since the appellants have not described any structure,
material, or acts which implement the data storage means (for
storing the "reproduced music signal") of claims 4 and 8, or the
delay means (for delaying the reproduced music signal) of claim
6, the appellants have failed to particularly point out and
distinctly claim that subject matter which they regard as the
invention of claims 4, 6 and 8 and the claims depending thereon.
The output of the RF system amplifier 21 cannot itself be
reasonably regarded as the music signal produced by the music
information reproduction means. The specification, in not less
than two instances, specifically and clearly defined something
else as the music information reproduction means. Moreover, if
the RF system amplifier 21 can be regarded as the music
information reproduction means, that would substantially weaken
the appellants' position that in the European '073 reference,
components 30-32 cannot constitute the music information
reproduction means, and we may come to a different conclusion
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