Appeal No. 2001-1211
Application No. 09/070,580
programming in the memory to coil 113 via coil driver 152
(specification, page 8). By using the stored programming, the
gain of the servo circuit is continuously adapted to the changing
conditions of the disc driver and stable operation of the servo
system is insured (specification, page 16). Therefore, the
specification clearly corresponds the “position means” to the
entire servo circuit which controls the position of the head
according to the current output generated by the processor and
the related programming in the memory.
According to 35 U.S.C. § 112, ¶ 6, as construed by our
reviewing court, the means clauses are limited to the disclosed
structures and their equivalent structures. Donaldson, 16 F.3d
at 1197, 29 USPQ2d at 1850. A structure is an “equivalent” if it
differs from the disclosed structure by an insubstantial change
which adds nothing of significance. Valmont Indus. Inc. v.
Reinke Mfg. Co. Inc., 983 F.2d 1039, 1042, 25 USPQ2d 1451, 1455
(Fed. Cir. 1993).
Based on these principles that means claims are limited to
the structures disclosed by the specification and equivalents,
Donaldson, id., the Examiner must compare the structures
disclosed in the specification with the structures taught by
Hashimoto. However, based on a review of the record before us,
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