Appeal No. 95-3861
Application No. 08/115,453
U.S.C. § 112, paragraph 6. In other words, we interpret the2
two shaft kneading means, homogenizing and pressure applying
means and transferring means as the corresponding structures
described at pages 12-15 of the specification (Figures 1-3) or
equivalents thereof. In re Donaldson, 16 F.3d 1189, 1197, 29
USPQ2d 1845, 1850 (Fed. Cir. 1994)(en banc). "Equivalents
thereof" include those structures which differ from the
structure described at pages 12-15 of the specification by an
insubstantial change which adds nothing of significance.
Valmont Indus. Inc. v. Reinke Mfg. Co. Inc., 983 F.2d 1039,
1042, 25 USPQ2d 1451, 1455 (Fed. Cir. 1993).
The references of record relied upon by the examiner are:
Braibanti et al. (Braibanti) 2,026,667 Jan.
7, 1936
Eppenberger 3,457,880 Jul. 29,
1969
The appealed claims stand rejected as follows:
2During the hearing dated April 9, 1999, appellants'
representative also agreed that the above underlined claim
phrases are means-plus-function language. See also Reply
Brief, page 2.
3
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