Appeal No. 95-3876
Application 08/222,009
APJ Torczon agrees that the functions of the control
means are performed by the control voltage generation circuit
17 in Iwata. However, APJ Torczon concludes that § 112, sixth
paragraph, requires us to determine whether the structure in
Iwata is the same as or an equivalent of the structure
described in the specification as corresponding to the control
means and that appellants implicitly invoke § 112, sixth
paragraph, by describing structure for performing the function
of "removing the enabling voltage." APJ Torczon construes the
control means under § 112, sixth paragraph, to cover all of
the structure disclosed in appellants' flash firing control
circuit 5, including transistors Q3 and Q6, and finds that
there is no structure in Iwata which is the same as or
equivalent to transistor Q3. Accordingly, APJ Torczon would
reverse.
First, as already noted, I concur with APJ Martin
that appellants have argued only that the function of
"removing the enabling voltage" is performed by transistor Q3.
APJ Martin and I agree that the function does not specifically
recite the operation of transistor Q3 and does not define over
the operation of the control voltage generation circuit 18 in
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