Appeal No. 1994-4016
Application No. 07/793,824
of the upright member 185, whereas the end 260 of
rod 230 is positioned to make contact with the top
surface 270 of the horizontal member 190. Locknuts
250 and 255 lock rods 230 and 235 in place.
Consistent with our observation, we interpret the claimed
means-plus-function elements as the corresponding structures
specifically described above and their equivalents. A
structure is an “equivalent” if it differs from the above
described structure by an insubstantial change which adds
nothing of significance. Valmont Indus., Inc. v. Reinke Mfg.
Co., 983 F.2d 1039, 1042, 25 USPQ2d 1451, 1454 (Fed.
Cir. 1993).
With the above interpretation in mind, we now turn to the
prior art rejections. Our review of the prior art references
relied upon by the examiner indicates that none of them,
either individually or in combination, teaches or would have
suggested the claimed subject matter. The examiner simply has
not taken into consideration the importance of interpreting
means-plus-function elements in the claims as the
corresponding structure in the specification and the
equivalents thereof. Donaldson, 16 F.3d at 1197, 29
USPQ2d at 1850. Accordingly, we determine that none of the
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