Appeal No. 1996-3504
Application No. 08/265,648
means-plus-function element to which § 112, ¶ 6
applies .... Nevertheless according to its express
terms,
§ 112, ¶ 6 governs only claim elements that do not
recite sufficient structural limitations. See also
Unidynamics Corp. v. Automatic Products
International Ltd., 157 F.3d 1311, 1319, 48 USPQ2d
1099, 1104-1105 (Fed. Cir. 1998).
Claim construction is a question of law that we review de
novo.
Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456, 46
USPQ2d
1169, 1174 (Fed. Cir. 1998)(in banc).
Applying the above statutory interpretation to the
present case, we determine that the terms “measuring means”
and “focussing optical lens means” recited in claims 1, 4, 5
and 35 are mean-plus-function elements to which § 112, ¶ 6,
applies. Nowhere do claims 1, 4, 5 and 35 recite sufficient
structural limitations for the above means. Thus, we look to
the specification for the structure corresponding to
“measuring means” and “focussing optical lens means” and
equivalents thereof to determine the scope and meaning of
claims 1, 4, 5 and 35, the broadest claims in this
application.
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