Ex parte DOUCET - Page 11




          Appeal No. 2000-0581                                                        
          Application No. 08/429,155                                                  


          sixth paragraph of 35 U.S.C. § 112, appellant is still subject              
          to the requirement in the second paragraph of 35 U.S.C. § 112               
          that a claim "particularly point out and distinctly claim" the              
          invention.  As stated in In re Dossel, 115 F.3d 942, 946, 42                
          USPQ2d 1881, 1885 (Fed. Cir. 1997) (citing In re Donaldson, 16              
          F.3d 1189, 1195, 29 USPQ2d 1845, 1850 (Fed. Cir. 1994)),                    
               if one employs means-plus-function language in a                       
               claim, one must set forth in the specification an                      
               adequate disclosure showing what is meant by that                      
               language.  If an applicant fails to set forth an                       
               adequate disclosure, the applicant has in effect                       
               failed to particularly point out and distinctly                        
               claim the invention as required by the second                          
               paragraph of section 112.                                              
               If the examiner determines that any of the above-noted                 
          recitations does invoke the sixth paragraph of 35 U.S.C. §                  
          112, it is necessary to ascertain what structure in the                     
          specification corresponds to that language.                                 
               Turning first to the "attaching device(s)" recitation,                 
          appellant's specification states, on page 5, that                           
               [a]n attaching device, represented as a mounting                       
               area 16, is defined by a plane where both fan blade                    
               14 and replaceable fan blade tip 18 contact each                       
               other.  A clip 20, as shown in Figure 2b, can be                       
               included on the replaceable tip 18 for engaging an                     
               aperture 17 (Fig. 2b) in the mounting area of fan                      
               blade 14.                                                              

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