Appeal 2007-0144
Application 09/846,907
A. PRINCIPLE OF LAW
The following rule applies to appeal briefs.
For each independent claim involved in the appeal and for each
dependent claim argued separately under the provisions of
paragraph (c )(1)(vii) of this section, every means plus function
and step plus function as permitted by 35 U.S.C. 112, sixth
paragraph, must be identified and the structure, material, or acts
described in the specification as corresponding to each claimed
function must be set forth with reference to the specification by
page and line number, and to the drawing, if any, by reference
characters.
337 C.F.R. § 41.37(c)(1)(v)(2005).1 Such identification is "considered
important to enable the Board tomore quickly determine where the claimed
subject matter is described in the application." M.P.E.P. § 1205.02(8th ed.,
Rev. 2, Aug. 2005). 2
B. ANALYSIS
Here, claim 1 included means-plus-function elements. The
Appellant's SUMMARY OF CLAIMED SUBJECT MATTER, (Br. 5-7),
however, fails to identify these elements and to set forth the structure
described in the specification as corresponding to each claimed function
1 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief.
2 We cite to the version of the Manual of Patent Examining Procedure in
effect at the time of the Appeal Brief.
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