Ex parte SCHUMACHER - Page 5




          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 set               








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