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Doctrine of Equivalents Applied to Means-Plus-Function Limitations: There Is No 'Equivalent of an Equivalent'

A means-plus-function limitation recites a function to be performed rather than definite structure or materials for performing that function. <i>Chiuminatta Concrete Concepts, Inc. v. Cardinal Indus., Inc.</i>, 145 F.3d 1303, 1307 (Fed. Cir. 1998). Such a limitation is more narrow than a counterpart written in structural format. <i>Lighting World, Inc. v. Birchwood Lighting, Inc.</i>, 382 F.3d 1354, 1361-62 (Fed. Cir. 2004). Nevertheless, patent drafters still commonly use means-plus-function limitations in computer-related patent claims for convenience sake.

26 minute read May 26, 2005 at 04:09 PM
By
Steven F. Meyer
Doctrine of Equivalents Applied to Means-Plus-Function Limitations: There Is No 'Equivalent of an Equivalent'

A means-plus-function limitation recites a function to be performed rather than definite structure or materials for performing that function. Chiuminatta Concrete Concepts, Inc. v. Cardinal Indus., Inc., 145 F.3d 1303, 1307 (Fed.

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