Appeal No. 96-2597
Application No. 08/187,529
Rejection (1): Apparatus Claims
Albert discloses apparatus for supporting a pan 12 of the
"mud" used when installing drywall boards. An upper clip 20
is hooked over the wearer’s belt, and a lower brace 28 is
strapped around the leg. Between them, they support a
rectangular frame 14 made up of rods 16, 18 into which the pan
12 fits.
As argued by appellant, the issue with regard to this
rejection is whether Albert discloses a "means for removably
mounting the fishing rod upon said frame," as recited in claim
1. In order to anticipate a means-plus-function, a reference
must disclose "structure which is capable of performing the
functional limitation of the ‘means’." RCA Corp. v. Applied
Digital Data Systems Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.), cert. dismissed, 468 U.S. 1228 (1984). The
examiner asserts that "the ‘means’(16) of Albert is
functionally capable of holding a rod thereto if so desired"
(answer, page 3), but does not explain how rods 16 of Albert
have this capability. Presumably, the examiner considers that
rods 16 would be capable of "removably mounting" a fishing rod
3
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