Appeal 2006-1217
Application 10/781,272
recited in the claim. This duty to link or associate structure to function is the
quid pro quo for the convenience of employing § 112, ¶ 6.” B. Braun Med.,
Inc. v. Abbott Labs., 124 F.3d 1419, 1424, 43 USPQ2d 1896, 1899 (Fed. Cir.
1997).
According to 37 CFR § 41.37(c)(1)(v)(2004), the Appellants are
required to identify “every means plus function and step plus function as
permitted by 35 U.S.C. [§] 112, sixth paragraph,” and set forth “the
structure, material, or acts described in the specification as corresponding to
each claimed function . . . with reference to the specification by page and
line number, and to the drawing, if any, by reference characters” in the
Summary of Claimed Subject Matter section of their Brief. However, the
Appellants have not done so.
37 CFR § 41.37(d)(2004) states that:
If a brief is filed which does not comply with all the
requirements of paragraph (c) of this section, appellant will be
notified of the reasons for non-compliance and given a time
period within which to file an amended brief. If appellant does
not file an amended brief within the set time period, or files an
amended brief which does not overcome all the reasons for non-
compliance stated in the notification, the appeal will stand
dismissed.
Thus, upon return of this application, the Examiner must require the
Appellants to submit an amended Brief to comply with the requirements of
37 CFR § 41.37(c) (1)(v)(2004). Upon receiving the amended Brief, the
Examiner must review it to determine (1) whether it meets the requirements
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Last modified: November 3, 2007