Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
In construing a means plus function claim limitation, the recited function
must first be identified. Then, the written description must be examined to
determine the structure that corresponds to and performs that function. ACTV Inc.
v. Walt Disney Co., 346 F.3d 1082, 1087, 68 USPQ2d 1516, 1520 (Fed. Cir. 2003).
Atwood=s independent claims recite a Ameans for electrical measurement.@
The function of this means is to measure the concentration of the gas being
detected. As to the structure that performs this function, Atwood=s specification
states that an electrical sensing means is used to measure the carbon dioxide
concentration response of a button sensor. (‘648, col. 8, ll. 11-13). The electrical
sensing means referred to is a voltage meter. (Id., Fig. 5, part 142). Atwood=s
specification states that a voltage meter measures potential differences between
electrical leads. (Id. at col. 6, ll. 8-10).
We construe Atwood=s claimed Ameans for electrical measurement@ to
encompass, at least, an electrical circuit having a voltage meter. We note that
Dempsey describes the use of a potentiostatic circuit that senses the voltage
An element in a claim for a combination may be expressed as a means
or step for performing a specified function without the recital of
structure, material, or acts in support thereof, and such claim shall be
construed to cover the corresponding structure, material, or acts
described in the specification and equivalents thereof.
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