Appeal No. 1997-2499
Application No. 08/228,449
catalyst coating means be part of the apparatus. Treatment of
the recording medium could have occurred at another time or in
a different place.
Based upon the above considerations, even if the examiner
was correct in combining the admitted prior art and Nagae in
the manner supra, the structure created would, in any event
fall short of the invention defined by the claimed subject
matter, as the aforesaid claimed subject matter requires
features that cannot be achieved by combining the admitted
prior art and Nagae. See Uniroyal Inc. v Rudkin-WileyCorp.,
837 F.2d 1044, 1051, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert
denied, 488 U.S. 825 (1988).
As to independent claim 42, we observe that the claim
requires the presence of, “temperature detection means,”
“temperature determination means” and “heat stopping means”
which we determine to be means-plus-function elements. We
observe that the specification defines these terms in
substantial detail at pages 42 to 46 and 48 to 50. Based upon
the disclosure therein we determine that the “temperature
detection means” constitutes one or more temperature sensors.
The “temperature determination means” contains control
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