Appeal No. 96-0974 Application 08/024,299 Lebby’s disclosed apparatus, failed to satisfy his initial burden of proof under § 112, ¶ 6 and the PTO Guidelines with respect to appellants’ means-plus-function claim limitations. For the foregoing reasons, the rejection of claim 3 is reversed, as is the rejection of claim 4, which stands or falls (in this case falls) therewith. REVERSED ) KENNETH W. HAIRSTON ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT ERROL A. KRASS ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) JOHN C. MARTIN ) Administrative Patent Judge ) cc: SUGHRUE, MION, ZINN, MACPEAK & SEAS 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20037 - 18 -Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007