Appeal 2007-2131
Application 10/401,331
extracts the content file from the archive (step 716) [emphasis
added].
(Specification 17: 25-29).
Furthermore, the archive mechanism of the present invention
makes archived files available for access. If a request is
received for an archived file, the archive mechanism may
retrieve and decompress the archive file to extract the requested
file.
(Specification 18: 26-30).
35 U.S.C. § 112, sixth paragraph
Moreover, we note that representative claim 16 is drafted in a means-
plus-function format, as permitted under 35 U.S.C. § 112, sixth paragraph.
The limitations under 35 U.S.C. § 112, sixth paragraph, must be interpreted
by reference to the corresponding disclosure. See, e.g., In re Lonardo, 119
F.3d 960, 967, 43 USPQ2d 1262, 1267 (Fed. Cir. 1997) (citing In re
Donaldson Co., 16 F.3d 1189, 1193, 29 USPQ2d 1845, 1849 (Fed.
Cir.1994) (en banc)); In re Alappat, 33 F.3d 1526, 1541, 31 USPQ2d 1545,
1555 (Fed. Cir. 1994) (en banc). Therefore, the scope of the claimed
elements is limited to the corresponding structures in the disclosure and
their equivalents. Since the corresponding disclosed structure (i.e., archive
mechanism)1 of the claimed “archiving means” compresses and
1 See “archive mechanism,” e.g., Specification 3: 8-9. We note that our
reviewing court has determined that software may be considered structure,
or part of a structure, when embodied in a tangible medium. See, e.g., Med.
Instrumentation & Diagnostics Corp. v. Elekta AB, 344 F.3d 1205, 1210-20,
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