Appeal No. 95-0972 Page 10
Application No. 07/650,453
provide water uptake to the tree stem, or (3) the lower end of
the stem as originally planted must be located so that in the
future it will interact with the ground water supply near the
surface to provide water uptake to the tree stem.
In addition, we are unable to determine the meaning of
"ground water supply." It is not clear to us if the appellant
is using the phrase as synonymous with "groundwater table " or 4
to include both the groundwater table and water in the ground
(e.g., rainfall which has been absorbed by the ground prior to
it entering the groundwater table).
Lastly, we are unable to determine the meaning of "near-
surface." That is, how close to the surface does the ground
water supply need to be to be considered near surface. Thus,
the term "near-surface" is a term of degree. When a word of
degree is used, such as the term "near-surface" in claim 1, it
depth at that location will be fairly constant.
4The appellant has used both phrases throughout the
specification.
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