Mcentee v. Merit Systems Protection Board

Default Proof Credit Card System, Inc. ("Default Proof") appeals the United States District Court for the Southern District of Floridas grant of summary judgment that claim 1 of U.S. Patent No. 6,405,182 ("the 182 patent") is invalid for failure to meet the definiteness requirement of 35 U.S.C. § 112, 2. Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., Inc. d/b/a The Home Depot, et al., No. 03-20094-CIV (S.D. Fla. Sept. 30, 2004). The appeal was submitted for decision following oral argument on May 4, 2005. Because we agree with the district court that the 182 patent discloses no structure corresponding to the "means for dispensing at least one debit card" limitation in claim 1, we affirm.