Appeal No. 1998-2502
Application No. 08/525,007
Since appellants have chosen to rely on 35 U.S.C. § 112,
sixth paragraph, to define the claimed control means and
detecting means as encompassing only the structure (including
the software embodiment depicted in the drawing flowcharts)
disclosed in the instant application, and “equivalents
thereof,” we hold appellants to such an interpretation of the
instant claimed elements. Since Numasaki clearly does not
disclose the control means “structure,” as disclosed by
appellants, we will reverse the rejections of claim 1, and all
of the claims depending therefrom, under 35 U.S.C. § 102(b)
and 35 U.S.C. § 103.
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