Appeal No. 2003-1272 Page 9
Application No. 10/039,338
Thus, in order for a claim to meet the particularity requirement of 35 U.S.C. § 112, ¶ 2,
"the corresponding structure(s) of a means-plus-function limitation must be disclosed in
the written description in such a manner that one skilled in the art will know and
understand what structure corresponds to the means limitation. Otherwise, one does
not know what the claim means. Id. 198 F.3d at 1382, 53 USPQ2d at 1230.
In this case, only one embodiment of "traction means" is described in the written
description.4 As set forth on page 6 of the specification:
A plurality of traction ribs 15 are formed on the bottom traction surface of
generally concavo-convex flange 12. While the ribs 15 may be present in a
variety of configurations, preferably they are arranged in a radial fashion
emanating from near the center of concavo-convex flange 12. The cross
sectional shape of ribs 15 may be arcuate, triangular (FIG. 8), rectangular or a
combination thereof. Preferably, ribs 15 are triangular, but with rounded edges to
provide the best compromise between traction and damage to the turf. By
"rounded edges" we mean that whenever two surfaces meet (the edge), the
region of the edge is free from sharp points or angularity (rounded). This is true
wherever our cleat may meet the turf -- on the ribs 15 and on the bottom surface
of the flange.
The paragraph bridging pages 7-8 of the specification provides:
By "ribs" we mean more than one vertical ridges in the bottom surface of
flange 12. The ridges have a crest that is at least one line, compared to the crest
of the prior art spikes which are a point or a circle (for a truncated cone, for
4The written description includes the drawings and the abstract. See Playtex
Products Inc. v. Procter & Gamble Co., 400 F.3d 901, 909, 73 USPQ2d 2010, 2016
(Fed Cir. 2005).
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