Ex parte KITAGAWA - Page 11




          Appeal No. 97-0320                                                          
          Application No. 08/096,261                                                  


                         circuits into serial data and for                            
                         outputting converted position information                    
                         so that said positions of said word                          
                         lines or bits connected to said defective                    
                         memory cells can be determined and                           
                         thereafter replaced.                                         
          As discussed earlier, in addressing this claimed feature, the               
          Examiner (Answer, page 3) has relied on Mizuno's description                
          of the connection of the memory repair system through a serial              
          port 15 to an external computer 17.  In response to the                     
          Examiner's arguments, Appellant contends (Reply Brief, pages 8              
          and 9) that In re Donaldson Co., 16 F. 3d 1189, 1193, 29                    
          USPQ2d 1845, 1848 (Fed. Cir. 1994) requires that the "means                 
          for" language occurring in the claims, in accordance with 35                
          U.S.C. § 112, sixth paragraph, must be interpreted as covering              
          the structure, material or acts set forth in the specification              
          and equivalents thereof.  We note that, since the Reply Brief               
          was entered without further response by the Examiner, we do                 
          not have the benefit of the Examiner's comments on this                     
          particular argument of Appellant.  However, it is our view                  
          that, while Appellant has pointed to corresponding structure                
          within their specification for the "output circuit" means                   
          statement in the claim, from our earlier discussion we are not              

                                         11                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007