Ex parte PETTINGELL - Page 12




                 Appeal No. 95-5103                                                                                      Page 12                        
                 Application No. 08/074,303                                                                                                             


                 such switches push-button, for self-evident reasons.                                                                                   
                 Accordingly, the claimed first and second depressible start                                                                            
                 buttons would have been obvious from the teachings of Farkas.                                                                          


                          We agree with the appellant the claimed "means for                                                                            
                 enabling said first and second depressible start buttons" is                                                                           
                 not readable on wires as determined by the examiner.  Elements                                                                         
                 expressed in "means-plus-function" format are interpreted                                                                              
                 under 35 U.S.C.                                                                                                                        
                 § 112, paragraph 6 , to cover the corresponding structure,6                                                                                                     
                 material, or acts described in the specification and                                                                                   
                 equivalents thereof.  In this case, the appellant has                                                                                  
                 disclosed (specification, p. 4) that the system is enabled by                                                                          
                 pushing/depressing the override enable button 45 shown on the                                                                          
                 control panel 32 in Figure 3.  Thus, the structure described                                                                           


                          635 U.S.C. § 112, sixth paragraph, states:                                                                                    
                                   An element in a claim for a combination may be                                                                       
                                   expressed as a means or step for performing a                                                                        
                                   specified function without the recital of structure,                                                                 
                                   material, or acts in support thereof, and such claim                                                                 
                                   shall be construed to cover the corresponding                                                                        
                                   structure, material, or acts described in the                                                                        
                                   specification and equivalents thereof.                                                                               








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