Appeal No. 1998-2144
Application No. 08/568,847
contact....” However, reference numeral 70 in Figure 3 refers to a region of the chip 12 that
will not be used in the electric circuitry of the module 60. (See specification, page 6, lines
9-11.) Reference numeral 66B refers to columns which are vias that have been enlarged
to provide heat transfer capabilities that are not present when vias are only used to
conduct electricity; not a “connection...on the interior surface of the base of the module.”
(See id. at lines 14-16.)
The use of the term “means” in the recitation of “contact means” triggers a
presumption that the statutory procedures of 35 U.S.C. § 112, sixth paragraph, apply. See
Greenberg v. Ethicon Endo-Surgery, Inc., 91 F.3d 1580, 1584, 39 USPQ2d 1783, 1787
(Fed. Cir. 1996). Lack of any structure in the disclosure corresponding to the “means”
would indicate that the claims fail to pass muster under 35 U.S.C. § 112, second
paragraph. See, e.g., Atmel Corp. v. Information Storage Devices, Inc., 198 F.3d 1374,
1381-82, 53 USPQ2d 1225, 1230 (Fed. Cir. 1999); In re Dossel, 115 F.3d 942, 944-46,
42 USPQ2d 1881, 1883-85 (Fed. Cir. 1997). Therefore, there must be some structure in
the disclosure that performs the claimed function.
In view of the location and function of elongate columns 66E (see Figure 3 and
specification, page 6, last paragraph), it is possible that those columns may correspond to
the claimed “contact means.” However, that raises the question why the written description
would refer to “columns,” but the claims setting forth “columnar means” and “contact
means.” The further question is raised as to how the structure of the “elongate columns”
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