Appeal No. 99-0629 Page 5 Application No. 08/778,059 single discharge means launches a single respective projectile [answer, page 4]. Claims 17 through 27 are each directed to a combination of elements, including an element ("trigger means for triggering said first discharge means and said second discharge means") expressed in means-plus-function format. As explained in In re Donaldson, 16 F.3d 1189, 1193, 29 USPQ2d 1845, 1848-49 (Fed. Cir. 1994), the PTO must treat means-plus- function limitations in accordance with the statutory mandate of 35 U.S.C. § 112, paragraph 6, which reads: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. Although paragraph six statutorily provides that applicants may use means-plus-function language in a claim, applicants are still subject to the requirement of paragraph two of section 112 that a claim "particularly point out and distinctly claim" the invention. In re Lundberg, 244 F.2d 543, 547-48, 113 USPQ 530, 534 (CCPA 1957). Therefore, if one employs means-plus-function language in a claim, one must setPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007