Appeal No. 2005-2178
Application 09/969,882
regardless of whether fertilizing materials in the potting soil or additional fertilizing source(s)
added to the container, such as to the surface of the potting medium or in the water added to the
reservoir, additionally contribute to the growth of the plants, such as to insure the “optimal”
growth thereof. We determine that the claim language “harvesting the output of the plants
grown” is not defined in the written description in the specification, and thus, we give the term
“harvesting” its common, dictionary meaning in context of “[t]he act or process of gathering a
crop,” wherein the term “crop” has the common, dictionary meaning in context of “[c]ultivated
plants or agricultural produce, such as grain vegetables or fruit.”5 Indeed, a gardener or
horticulturist can “harvest” cut flowers, flowering plants grown out from seeds or seedling for
replanting, as well as tomatoes, whether for vocational or avocational purposes, all of which are
“the output of the plants grown” as specified in the subject phrase.
Furthermore, there is no limitation in claims 14 and 17 with respect to the size of the
reservoir container or any parts thereof. The limitation “means for confining the roots of plants”
does not include language defining the structure for performing the specified function and thus,
the Ameans@ language must be interpreted as limited to the Acorresponding structure@ disclosed in
the written description in the specification to perform the specified Afunction@ and the
Aequivalents@ thereof. Donaldson, 16 F.3d at 1195, 29 USPQ2d at 1850. The Acorresponding
structure@ is that Astructure in the written description necessary to perform that function [citation
omitted],@ that is, A>the specification . . . clearly links or associates that structure to the function
recited in the claims.= [Citation omitted.].@ Texas Digital Systems, Inc. v. Telegenx, Inc., 308
F.3d 1193, 1208, 64 USPQ2d 1812, 1822-23 (Fed. Cir 2002). A[A] section 112, paragraph 6
>equivalent[]= . . . [must] (1) perform the identical function and (2) be otherwise insubstantially
different with respect to structure. [Citations omitted.]@ Kemco Sales, Inc. v. Control Papers
Co., 208 F.3d 1352, 1364, 54 USPQ2d 1308, 1315-16 (Fed. Cir. 2000). A[T]wo structures may
be >equivalent= for purposes of section 112, paragraph 6 if they perform the identical function in
substantially the same way, with substantially the same result. [Citation omitted.]@ Kemco Sales,
208 F.3d at 1364, 54 USPQ2d at 1315.
5 See, e.g., The American Heritage Dictionary, Second College Edition 342, 597 (Boston,
Houghton Mifflin Company, 1982).
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