Ex parte RICHELSOPH - Page 7




              Appeal No. 2000-0198                                                               Page 7                
              Application No. 08/400,178                                                                               


              implanted in the medullary canal, and none disclose a quick release interlock means that                 
              allows the components to be disconnected along the longitudinal axis of the stem                         
              component.                                                                                               
                     The appellant additionally has argued that the claim recites the quick release                    
              interlock in “means plus function” format, and that the comparable elements in the three                 
              references fail to meet the terms of the claims when evaluated in the context of the sixth               
              paragraph of 35 U.S.C. § 112.  We agree.                                                                 
                     In order to meet a means-plus-function limitation, the prior art must perform the                 
              identical function recited in the means limitation, and perform that function using the                  
              structure disclosed in the appellant’s specification or an equivalent structure.  See Valmont            
              Indus. Inc. v. Reinke Mfg. Co., 983 F.2d 1039, 1042, 25 USPQ2d 1451, 1454 (Fed. Cir                      
              1993).  As to the first requirement, even if one were to consider that the release interlock             
              means disclosed in the applied references accomplishes the same function as the                          
              claimed means, it does not do it using the same structure disclosed in the appellant’s                   
              specification.  In this regard, the appellant’s means for providing quick release between                
              components comprises a set of balls disposed in an annular opening in the head                           
              component which interact with an annular groove in the stem component.  A spring-loaded                  
              sleeve cooperates with the balls to allow them to be locked in the annular groove in                     
              response to movement along the longitudinal axis of the stem component, as shown in                      









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