Appeal No. 97-4056 Page 10
Application No. 08/238,926
Co., 983 F.2d 1039, 1042, 25 USPQ2d 1451, 1454 (Fed. Cir. 1993);
Johnston v. IVAC Corp., 885 F.2d 1574, 1580, 12 USPQ2d 1382, 1386
(Fed. Cir. 1989).
It is our opinion that the structure of Parker's head-
producing mechanism 8 is not the structure disclosed in the
appellant's specification for performing the function or an
equivalent structure. The appellant's specification sets forth
five specific embodiments, shown in figures 7a-11b, for the
corresponding structure to the recited "flow control means in the
fluid communication means for regulating flow of water."
Clearly, Parker's head-producing mechanism 8 is not the same
structure as disclosed by the appellant. Thus, the issue of
whether Parker's head-producing mechanism 8 is an equivalent
structure to any of the five specific embodiments disclosed by3
the appellant must be resolved. Comparison of Parker's head-
producing mechanism 8 to the five specific embodiments disclosed
by the appellant compels us to the conclusion that the claimed
"flow control means" and Parker's flow control means (i.e., head-
3"[A]n equivalent results from an insubstantial change
which adds nothing of significance to the structure, material, or
acts disclosed in the patent specification." Valmont, 983 F.2d
at 1043, 25 USPQ2d at 1455.
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