Appeal No. 2003-1272 Page 35
Application No. 10/039,338
support. Such an inquiry will most certainly be made if any patent containing this
invention is involved in an inter partes infringement proceeding. In such an inter partes
proceeding, the Court may find, as Judge Bahr2 would find, that "the corresponding
structure for the 'traction means' described in appellants' specification is ribs/ridges and
only ribs/ridges." Until that day, however, appellants are entitled to claim the ribs/ridges
as set forth in the claims on appeal.
) BOARD OF PATENT
KENNETH W. HAIRSTON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
2 I agree with Judge Bahr's statement that "[t]he ‘traction means' limitation of
claims 18 to 22 and 25 is a means-plus-function limitation and must be construed, in
accordance with 35 U.S.C. § 112, sixth paragraph, to cover the corresponding structure
described in the specification and equivalents thereof."
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