Appeal 2006-2320
Application 10/061,830
In view of the “means” recitations which specify the function but do
not define structure which satisfies that function in appealed claims 8, 9, and
20, the strictures of 35 U. S. C. § 112, sixth paragraph, apply. See Texas
Digital Systems, Inc. v. Telegenx, Inc., 308 F.3d 1193, 1208,
64 USPQ2d 1812, 1822-23 (Fed. Cir 2002), and cases cited therein.
Therefore, all of the “means” language in these appealed claims must be
construed as limited to the “corresponding structure” disclosed in the written
description in the Specification and “equivalents” thereof. Donaldson, 16
F.3d at 192-95, 29 USPQ2d at 1848-50.
The “corresponding structure” is that “structure in the written
description necessary to perform that function [citation omitted],” that is,
“‘the specification . . . clearly links or associates that structure to the
function recited in the claims.’ [Citation omitted.]” Texas Digital Systems,
308 F.3d at 1208, 64 USPQ2d at 1822-23. “[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). “[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. [Citations omitted.]” Kemco Sales, 208 F.3d at 1364, 54 USPQ2d at
1315. “[T]he ‘broadest reasonable interpretation’ that an examiner may give
means-plus-function language is that statutorily mandated in
[35 U.S.C. § 112,] paragraph six,” and in this respect, the examiner should
not confuse “impermissibly imputing limitations from the specification into
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