Appeal No. 2000-0957
Application 06/344,455
markings on the display screen taught by Harris constitute
means for using the display to the same extent that the
cursor is the means for using appellant's display. The
reference marking on the Harris display screen and the
cursor on the appellant's display screen are both used to
get the desired target information."
Claim 1 recites "means for using the display to
determine the slant range S and the altitude H of the
selected target relative to the position of the radar
system." At the time the rejection was made, the Examiner's
reasoning that the markings constitute means for performing
the function of determining the slant range S and altitude
would have been persuasive because the Patent and Trademark
Office's position was that any structure for performing the
function would satisfy a means-plus-function limitation.
However, the intervening case of In re Donaldson Co., Inc.,
16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (en banc),
requires us to construe means-plus-function limitations "to
cover the corresponding structure, material, or acts
described in the specification and equivalents thereof"
under 35 U.S.C. § 112, sixth paragraph. Although
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