Appeal No. 2003-0881 Page 3
Application No. 09/658,561
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art reference, to the
declaration of Mark Penlerick, and to the respective positions articulated by the
appellants and the examiner. As a consequence of our review, we make the
determinations which follow.
The main issue presented in this appeal is if the "tow hook means" of claim 13,
the "tow hook members" of claims 24 and 25, and the "tow hook" of claim 26 are
readable on4 Peterson's brackets 106 with apertures 110 therein. In our view, the
answer is no for the reasons adequately set forth in the declaration of Mark Penlerick
and the brief. Contrary to the position of the examiner, Peterson does disclose either a
3 In our view, the tow hook means, the base plate means and the connector means of claim 1 are
means-plus-function limitations that must be interpreted in accordance with 35 U.S.C. § 112, paragraph 6.
The use of the term means raises a presumption that the recitation of a means-plus-function element is
intended. See Sage Prods. v. Devon Indus., 126 F.2d 1420, 1427, 44 USPQ2d 1103, 1109 (Fed. Cir.
1997). In addition, the manner in which a means-plus-function element is expressed, either by a function
followed by the term means or by the term means for followed by a function, is unimportant so long as the
modifier of that term specifies a function to be performed. See Ex parte Klumb, 159 USPQ 694, 695 (Bd.
App. 1967).
4 The inquiry as to whether a reference anticipates a claim must focus on what subject matter is
encompassed by the claim and what subject matter is described by the reference. As set forth by the
court in Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.
denied, 465 U.S. 1026 (1984), it is only necessary for the claims to "'read on' something disclosed in the
reference, i.e., all limitations of the claim are found in the reference, or 'fully met' by it."
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