Appeal No. 97-0032
Application No. 08/095,295
(specification, page 8, first full paragraph, second sentence).
In my view the structure of the pivot means is the rivet-type
pivot combined with the washer. Thus, claim 33 is limited to
this structure and its equivalents.
I recognize that appellants' specification indicates that
"other pivoting means for container 10 may be used"
(specification, paragraph bridging pages 11 and 12, fourth
sentence). However, such statements do not remove the claim from
the provisions of the sixth paragraph of § 112. See Fonar, 107
F.3d at 1551, 41 USPQ2d at 1807 ("The '966 specification
discloses use of a generic gradient waveform. Although it states
that other waveforms may be used, it fails to specifically
identify those waveforms. Thus, under section 112, Para.6, claim
12 is limited to use of a generic gradient waveform and its
equivalents.") In any event, the language of § 112, ¶6, is
unequivocal in mandating that a means-plus-function limitation
"shall be construed to cover the corresponding structure,
materials or acts described in the specification and equivalents
thereof." Our reviewing court has instructed that means claims
are limited to the structures disclosed by the specification and
2222
Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: November 3, 2007