Omitting Description of "Well Known" Corresponding Structure Leads To Indefiniteness

The U S. Court of Appeals for the Federal Circuit has now held a claim to be invalid as indefinite where the patent specification failed to disclose corresponding structure for a "means-plus-function" claim element, even though the patent specification disclosed that the stated function may be accomplished by "known … equipment." Biomedino, LLC v. Waters Technologies Corp., Case No. 06-1350, (Fed. Cir., June 18, 2006) (Archer, Sr. J.).

Biomedino’s patent generally relates to methods and devices for determining the presence of psychoactive drugs in biologic samples, e.g., blood. The device claims at issue recited "valving" and "control means for automatically operating said valving." The specification contained a figure having box labeled "Control," and the written description taught that the regeneration process may be "controlled automatically by known different pressure, valving and control equipment."