Ex parte BAEHLER - Page 5




          Appeal No. 97-3071                                                          
          Application 08/484,729                                                      



               approximately 60" to 80" is preferred. [Lines 12-                      
               24.]                                                                   
               The problem is, however, that the specification does not               
          provide any meaningful guidance in selecting parameters (e.g.,              
          what is the extent of an “extended” curvature, relative to                  
          other curvatures such as a simply “rounding” of the corner of               
          the piston, and what radius of curvature, relative to the                   
          other dimensions of the piston, is “sufficient”) which would                
          yield the claimed result.  This problem is exemplified by the               
          fact that, according to the appellant, neither “rounding” the               
          corner of the piston (see specification, page 14, lines 7-9)                
          nor the arrangement of Fryklund (which appears to have an                   
          extended curvature similar to that described in lines 10-17 of              
          the specification) will perform the function in question.  It               
          thus appears that only very particular parameters will do.                  
          However, no guidance has been provided for selecting these                  
          particular parameters, and it does not appear from the record               
          that there                                                                  
          are any established criteria or techniques for making such a                
          selection that the artisan would be aware of.  While page 13                
          of the specification does state that “a radius R in the range               
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