Ex Parte Lowry - Page 5



          Appeal No. 2005-2489                                                        
          Application No. 09/949,736                                                  

               We begin with the claim language.  Gechter v. Davidson,                
          116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir.                        
          1997); In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671, 1674              
          (Fed. Cir. 1994).  Generally, we interpret the claims on appeal             
          by giving words therein the broadest reasonable meanings in their           
          ordinary usage, taking into account the written description in              
          the appellant’s specification.  See, e.g., In re Morris, 127 F.3d           
          1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re                 
          Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir.                 
          1984).  When the words in the claim are written in “means-plus-             
          function” formats, however, we interpret them as being limited to           
          the corresponding structures described in the specification and             
          the equivalents thereof in accordance with the requirements of              
          35 U.S.C. § 112, paragraph 6.  In re Donaldson, 16 F.3d 1189,               
          1193, 29 USPQ2d 1845, 1848 (Fed. Cir. 1994)(in banc).  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.                 
          Ex part Klumb, 159 USPQ 694, 695 (Bd. App. 1967).  The use of the           
          term “means” in the claim raises a presumption that the means-              

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