Appeal No. 1997-1369
Application No. 08/224,588
174 F.3d 1308, 1319, 50 USPQ2d 1161, 1167 (Fed. Cir. 1999)
(when
a claim does not further define its means-plus-function
element with structural limitations sufficient to carry out
the recited function, the means-plus-function element is
interpreted as the corresponding structure in the
specification or the equivalents thereof consistent with 35
U.S.C. § 112, paragraph 6); In re Donaldson, 16 F.3d 1189,
1193, 29 USPQ2d 1845, 1848 (Fed. Cir. 1994) (en banc) (when
the terms in the claims are written in a “means-plus-function”
format, they are interpreted as the corresponding structure
described in the specification or the equivalents thereof).
Accordingly, we reverse each of the foregoing § 103
rejections.
In view of the foregoing, the decision of the examiner is
reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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