Appeal 2007-0870
Reissue Application 09/902,904
Patent 6,038,784
drainage structure, e.g., drainage holes in the sides of the trough which are
below the peg mounting so that water flows out of the drainage holes before
it can contact the peg mounting. Appellants simply argue that "if the trough
[in Slipp] is not emptied by a user, standing water will collect in the trough
and eventually reach the locations where the pegs are mounted" (Br., 16,
bracketed text added). In other words, if the trough in Slipp is emptied by
the user, standing water will not collect in the trough and will not reach the
locations where the pegs are mounted. Appellants' argument is not on point.
Based on the foregoing, we find the limitation that "said pegs are
mounted to said tray in such a manner that no standing water may collect at
a point where a peg is mounted, thereby minimizing potential for mold and
bacterial growth" recited in claim 2 is disclosed in Slipp.
(iii) Claim 4 requires a "means for imparting lateral stability to said
pegs, further deterring any motion other than about said single axis of
rotation." To meet a means-plus-function limitation, such as the means for
imparting lateral stability limitation recited in claim 4, the prior art "must (1)
perform the identical function recited in the means limitation and (2)
perform that function using the structure disclosed in the specification or an
equivalent structure." Carroll Touch, Inc., 15 F.3d at 1578, 27 USPQ2d at
1840.
According to Appellants' Specification (col. 4, ll. 1-5),
[m]ounting structure 20, by ganging adjacent pegs
18 and adjacent nipple support members 32
together by use of a common axis, thereby imparts
lateral stability to the pegs 18 and the nipple
support members 32, further deterring any motion
other than about the single axis of rotation 40.
18
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