Ex parte PETTINGELL - Page 11




                 Appeal No. 95-5103                                                                                      Page 11                        
                 Application No. 08/074,303                                                                                                             


                 "means-plus-function" language in a claim, one must set forth                                                                          
                 in the specification an adequate disclosure showing what is                                                                            
                 meant by that language.  If an applicant fails to set forth an                                                                         
                 adequate disclosure, the applicant has in effect failed to                                                                             
                 particularly point out and distinctly claim the invention as                                                                           
                 required by the second paragraph of section 112.  Donaldson,                                                                           
                 16 F.3d at 1195, 29 USPQ2d at 1850.  See also In re Dossel,                                                                            
                 115 F.3d 942, 946-47, 42 USPQ2d 1881, 1884-85 (Fed. Cir.                                                                               
                 1997).                                                                                                                                 


                          We agree with the appellant that there is no teaching in                                                                      
                 Farkas that a normally open push-button start switch 35 is                                                                             
                 provided in both section 15 and section 16.  Nevertheless,                                                                             
                 clearly Farkas teaches that consoles 22 and 23 are each                                                                                
                 provided with a machine start switch (not shown) for switching                                                                         
                 the individual section from the safe condition to the run                                                                              
                 condition and a machine stop switch (not shown) for switching                                                                          
                 the individual section from the run condition to the safe                                                                              
                 condition.   In our view, it would have been obvious to make5                                                                                                                    


                          5See column 4, lines 26-42, of Farkas.                                                                                        







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