Ex Parte Whitlock - Page 2

                Appeal 2007-0630                                                                                
                Application 10/643,597                                                                          

                Cir. 1994).  We observe that independent claims 13 and 14, as well as                           
                dependent claim 15, on appeal, are drawn to a system for cleaning                               
                semiconductor wafer surfaces having, inter alia, mechanical elements                            
                defined by means-plus-function limitations.  Claim 13 recites “a means for                      
                applying an elevated pressure …”, and claim 14 requires two separate such                       
                means.  Claim 15 requires “a means adapted to receive and mix ….”  The                          
                appealed process claims recite corresponding steps.                                             
                       When the claimed elements are defined by means-plus-function                             
                and/or step-plus-function limitations, we must interpret them as being                          
                limited to the corresponding structures described in the specification and the                  
                equivalents thereof consistent with 35 U.S.C. § 112, 6th paragraph.  In re                      
                Donaldson Co., 16 F.3d 1189, 1193, 29 USPQ2d 1845, 1848 (Fed. Cir.                              
                1994)(en banc).  The Specification must disclose the corresponding                              
                structures of the claimed means-plus-function limitations in such a manner                      
                that one skilled in the art would know and understand what structures                           
                correspond to the claimed means-plus-function limitations.  Atmel Corp. v.                      
                Information Storage Devices, Inc., 198 F.3d 1374, 1382, 53 USPQ2d 1225,                         
                1230 (Fed. Cir. 1999).                                                                          
                       According to 37 C.F.R. § 41.37(c)(1)(v)(2004), the Appellant is                          
                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 the Brief.  However, the                           


                                                       2                                                        

Page:  Previous  1  2  3  4  5  Next

Last modified: September 9, 2013