Ex parte MOLLER - Page 7




                 Appeal No. 2000-0941                                                                                     Page 7                        
                 Application No. 09/077,362                                                                                                             


                          cloth is in its rolled out condition and are rolled up on                                                                     
                          the roller tube together with the roller blind cloth when                                                                     
                          the roller blind cloth is in its rolled up condition,                                                                         
                          each said flat additional cloth having means for                                                                              
                          detachably fastening said flat additional cloth to said                                                                       
                          zone.                                                                                                                         


                          We find ourselves in agreement with the appellant that                                                                        
                 Cadmus does not anticipate claim 1 for the reasons set forth                                                                           
                 in the brief (pages 5-6) and reply brief (pages 1-2).  In that                                                                         
                 regard, it is our opinion that Cadmus' strips 14 do not "hang                                                                          
                 freely" from his shade 10 due to the presence of stitching 16.                                                                         


                          We find ourselves in agreement with the appellant that                                                                        
                 Cadmus does not anticipate claim 11 for the reasons set forth                                                                          
                 in the brief (pages 6-7) and reply brief (page 2).  In that                                                                            
                 regard, we agree with the appellant that the claimed means for                                                                         
                 detachably fastening the flat additional cloth to a zone on a                                                                          
                 roller blind cloth  is not readable on Cadmus' stitching 15.4                                                                                                     

                          4In order to meet a "means-plus-function" limitation, the                                                                     
                 prior art must (1) perform the identical function recited in                                                                           
                 the means limitation and (2) perform that function using the                                                                           
                 structure disclosed in the specification or an equivalent                                                                              
                 structure.  Cf. Carroll Touch Inc. v. Electro Mechanical Sys.                                                                          
                 Inc., 15 F.3d 1573, 1578, 27 USPQ2d 1836, 1840 (Fed. Cir.                                                                              
                                                                                                            (continued...)                              







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