Ex Parte WAUGH et al - Page 5



          Appeal No. 2001-1211                                                           
          Application No. 09/070,580                                                     

          are not to be read into the claims.  In re Etter, 756 F.2d 852,                
          858, 225 USPQ 1, 5 (Fed. Cir. 1985).                                           
               Appellants’ claim 8 requires “position means, operably                    
          coupled to the head, for positioning the head adjacent the tracks              
          of the disc.”  We note that the “position means” limitation is in              
          means-plus-function format that creates a presumption that a                   
          section 112, ¶ 6 interpretation is called for.  In construing a                
          means-plus-function limitation, as explained in In re Donaldson                
          Co., 16 F.3d 1189, 1193, 29 USPQ2d 1845, 1848-49 (Fed. Cir.                    
          1994), we must identify both the claimed function and the                      
          corresponding structure(s) in the written description for                      
          performing that function.                                                      
               Appellants direct us to digital signal processor 148 and                  
          memory 150 as the elements included in the structure of the servo              
          circuit in their specification which corresponds to the claimed                
          “position means” (oral hearing and brief, page 10).  After                     
          reviewing the specification, we find that, as noted by Appellants              
          (id.), servo circuit 144 controls the position of each head and                
          is described to include demodulator 146, digital signal processor              
          148 and memory 150.  In order to position a head, the processor                
          uses the servo information conditioned by the demodulator and                  
          provides a current command signal according to the associated                  
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