Appeal No. 1999-2544 Page 9
Application No. 08/796,513
circumferential surface of the hollow tubes (fibers) (final
rejection, page 5). The issue before us is whether Jackson's
electrical heater element (42) is a teaching of an "electrical
heating means for electrical heating of the hollow fibers on
their outer circumferential surface," as recited in claim 1 on
appeal (final rejection, page 3).
The "electrical heating means for electrical heating" of
claim 1 is in means-plus-function format, and in accordance
with 35 U.S.C. ' 112, paragraph 6, a means-plus-function claim
"shall be construed to cover the corresponding structure,
material, or acts described in the specification and
equivalents thereof." In accordance with the statutory
mandate on how the means-plus-function clause is to be
construed, we must consider the structure disclosed in the
specification corresponding to such language when rendering a
patentability determination. See In re Donaldson Co., 16 F.3d
1189, 1195, 29 USPQ2d 1845, 1850 (Fed. Cir. 1994).
Our review of the appellant's disclosure reveals that the
claimed electrical heating means for electrical heating said
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