Appeal No. 96-2623
Application No. 08/240,095
Claim 4 is directed to a combination of elements wherein one
element is expressed in means-plus-function format. As recently
explained in In re Donaldson, 16 F.3d 1189, 1193, 29 USPQ2d 1845,
1848-49 (Fed. Cir. 1994), the PTO is not exempt from following
the statutory mandate of 35 U.S.C. § 112, paragraph 6, which
reads:
An element in a claim for a combination may be expressed as
a means or step for performing a specified function without
the recital of structure, material, or acts in support
thereof, and such claim shall be construed to cover the
corresponding structure, material, or acts described in the
specification and equivalents thereof.
It is our opinion that the recited means for supporting the
lower platen for self-alignment to the upper platen when the
platens are in the closed position reads directly on Stiff's
device. Stiff's letter pressing device 1 incorporates means for
automatically aligning the pressure head with the curved lower
surface of the sole plate. This includes the pressure head11
having a bored hole 88 centrally located in the lower side
thereof for receiving the upper end of pin 90. As shown in
Figure VI, the diameter of the hole 88 is greater than that of
11See column 2, lines 6-9, of Stiff.
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