Ex parte DONNER - Page 8




          Appeal No. 96-2552                                                          
          Application 08/161,816                                                      

          disk, although other types of storage media may be used."                   
          (Col. 6, lines 52-56.)  The personal computer has a cathode                 
          ray tube (CRT) display (col. 7, line 60) and a way                          
          (undisclosed, but conventionally a keyboard) to allow a user                
          to manually enter data (col. 8, lines 53-58).  The Federal                  
          Circuit construed the "computer processor means" in claim 1 as              
          a personal computer including a CPU", construed "first means                
          for initializing the storage medium" as "an arithmetic logic                
          circuit configured to prepare the data disk to magnetically                 
          store selected data," and second, third, fourth, and fifth                  
          means as the arithmetic logic circuit configured to perform                 
          the various functions.  Thus, although Boes did not describe                
          the internal structure of the computer as having a CPU and                  
          arithmetic logic circuit, or the correspondence to the claimed              
          means, this conventional computer structure was considered to               
          be the structure corresponding to the claimed means.  Claim 1               
          was not treated as a process claim despite the fact that Boes               
          did not describe any particular kind of computer.  The Federal              
          Circuit's treatment of "means" claims is consistent with the                
          decision in In re Alappat, 33 F.3d 1526, 1541, 31 USPQ2d 1545,              
          1555 (Fed. Cir. 1994) (in banc) in which claims in means-plus-              

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