by Steve Driskill | Sep 19, 2013 | [sub] corresponding structure, Means Plus Function
In general, a generic black box diagram will not be sufficient to impart broad corresponding structure to a means-plus-function element. This is especially true if it encompasses all elements capable of performing the recited function (e.g., a box simply labeled with...
by Steve Driskill | Apr 4, 2013 | [sub] corresponding structure, [sub] prosecution history, Estoppel / Disclaimer, Means Plus Function
(1) In terms of prosecution history estoppel, although a prosecution disclaimer requires “clear and unambiguous disavowal of claim scope,” the court has recognized that “applicants rarely submit affirmative disclaimers along the lines of ‘I hereby disclaim the...
by Steve Driskill | Feb 13, 2013 | [sub] corresponding structure, Means Plus Function
This is another example of the perils of using means-plus-function claiming, especially for computer-implemented inventions. The specification must detail “how” a means element is implemented, and that “how” for software is the algorithm that transforms the...
by Steve Driskill | Jan 2, 2013 | [sub] corresponding structure, Means Plus Function
Another reminder to use means-plus-function claiming sparingly and with caution. The possibility that an ordinarily skilled artisan (e.g., expert witness) could find a structure that would work does not satisfy the disclosure requirements of means-plus-function...
by Steve Driskill | Nov 21, 2012 | [sub] corresponding structure, Means Plus Function
This case serves as a reminder that means plus function elements really do relate only to the structure actually disclosed, not everything within the purview of one of ordinary skill. For computer-implemented means plus function elements to satisfy the test for...
by Steve Driskill | Nov 5, 2012 | [sub] corresponding structure, [sub] printed publications, Means Plus Function, Prior Art
While a fact-specific analysis, an internet posting on a website probably qualifies as prior art if “an interested researcher [could have found it] using that website’s own search functions and applying reasonable diligence.” In the age of Google, this is probably not...
