Ex Parte HARTMAN et al - Page 5




          Appeal No. 2001-2187                                                        
          Application No. 09/333,356                                                  
          taking into account any definitions presented in the                        
          specification.  In re Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934,          
          936 (Fed. Cir. 1984).  Second, it is clear that the meaning of the          
          words “chute” and “bushing” will prove important in rendering our           
          decision.                                                                   
               Appellants urge that their baffle unit, as claimed is located          
          within the chute, and not below the flow passage (i.e, their                
          baffle unit is not within the bushing assembly, as taught by                
          Coggin).  (Appeal Brief, page 6, lines 4-5).  Consequently, in              
          essence they are urging that the chute must be part of the walled           
          melting receptacle, which is not part of the bushing.                       
               We find that the specification (see especially page 10, lines          
          11-24 and figures 1 and 2) states that there is a flow-regulating           
          system 200 between the bushing 400 and the glass-melting furnace.           
          The system comprises a narrowing area between the furnace melting           
          region and the bushing such that the glass flows in to a funnel             
          shaped liner or chute 201.  The bushing 400 is illustrated in the           
          figures as more than simply the orifice plate.                              
               We conclude that the appellants’ specification therefore               
          defines the “bushing” as the portion of the claimed apparatus               
          below the chute (which chute goes through the refractory); as               
          depicted by arrow 400 in figure 1 (see also specification,                  
          paragraph spanning pages 11-12). The bushing necessarily includes           

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