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Intellectual Property and Commercial Court

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2009 Min Zhuan Shang No. 10

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Decision No. 2009 Min Zhuan Shang No. 10
Date June 25, 2009
Decision Highlight

A “means-plus-function” clause is used for describing technical features in product patent claims. The expression of such clause is “ . . . means for doing . . . ,“ while the specification of the same patent shall simultaneously provide structures or materials that correspond to the function recited in the means-plus-function clause of the claim. (See Patent Examination Guidelines, Page 2-9-18.) To determine whether a claim contains a means-plus-function or step-plus-function clause, the Patent Examination Guidelines provides:

  

“4.3.1 Determination of a Means-plus-function or Step-plus-function Clause

  

… If the claim uses a means-plus-function or step-plus-function clause to identify its technical features, it should be referred to the structures, materials or actions, or their equivalents when interpreting the said claim, as described correspondingly in the specification to such function. The function recited in the clause cannot define the claim scope in itself. Therefore, if the claim recites a function as its technical feature, it is necessary to determine whether such element is part of a means-plus-function or step-plus-function clause.

  

   A clause is a means-plus-function or step-plus-function if it meets all of the following three requirements:

   1. Use “a means for . . .” or “a step for . . .“ phrase to identify a technical feature.

   2. State a specific function in the“a means for . . .” or “a step for . . .”pharse.

   3. No recitation of complete structures, materials, or actions that are able to carry out such specific function.”

(See Patent Examination Guidelines, Pages 2-9-19 to 2-9-20.)

   Claim 1 of the patent at dispute states that, “. . . ‘so that’ when the claimed invention is used, the circuit device thereof can drive the air cell and heating device to perform the ‘function’ of expanding, contracting or generating heat; wherein a controller was used to predetermine the sequence of the actions. On the whole the claimed invention delivers to human eyes multiple ‘effects,’ such as periodical expanding/contracting massage, heat therapy and vibrating massage,” which relates to functionality. But the present claim is not using a “means for . . .” clause to identify technical features of a specific function. Furthermore, Claim 1 clearly and completely recites the structural features for performing the functions of periodical, expanding/contracting massage, heat therapy and vibrating massage. The recited structure is sufficient for carrying out such functions, and the statement is in a completed form. The disputed clause is therefore not a means-plus-function clause. The appellant erroneously asserted that the disputed claim is a means-plus-function claim. As a result, the interpretation of the claim 1 should be based on the claim itself (including the structures and functions it contains), rather than the structures, materials, or actions described in the specification, or the equivalents thereof.

Related Provision Art. 84, Para.1; Art. 85, Para 2; Art. 108
  • Release Date:2020-11-13
  • Update:2020-12-07
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