Appeal No. 1998-1734
Application No. 07/508,024
We are sympathetic to the examiner’s position because it
does appear a bit awkward to recite that a computer readable
storage medium that has been encoded with a computer program
comprises a “means for maintaining . . . ” and a “means for
receiving signals . . . . ” Clearly, such a “medium,” e.g., a
disk, comprises no such physical means. However, when read in
light of the disclosure, with the knowledge that the invention
deals with software embodied on the computer readable medium, it
becomes clear to the artisan that such “means” are embodied in
the encoded computer program resident on the medium in the sense
that the instructions therein cause actions within the computer.
That is, the instructions embodied in the program which is
encoded on the medium cause a computer memory to be configured in
a particular manner in accordance with a “data structure” which
is “maintained” within the program. As the configuration changes
due to changes in conditions, that “data structure” is changed,
in accordance with the program, so that the computer memory is
updated to reflect such changes. Similarly, while leads attached
to the computer are the physical embodiment of what receives
signals, the instructions forming the computer program which is
embodied on the computer readable storage medium allow for the
signals indicating the change in conditions to be received.
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