Appeal No. 2005-1115
Application 09/269,369
apparatus is positioned or the orientation of that apparatus in
the container (pages 3-4 and 6-15).
So it is with “diffuser 110” of FIG. 7. Indeed, I find
that one of ordinary skill in this art would find in the
specification that “diffuser 110” has “[a]n elongated body 114”
to which is fixed “a pair of nozzles 112” that can “extend into
the interior of a mixing cylinder (not shown) which is used for
receiving the carbonic acid solution from the diffuser 110,”
wherein “the carbonic acid solution enters the diffuser 110 under
pressure and, as the solution passes through the pair of nozzles
112, the pressure differential causes excess CO2 in the carbonic
acid solution to burst forth . . . [wherein] [p]referably, the
pressure drop is approximately 45 to 55 psi” (specification, page
15, ll. 4-9, and page 16, ll. 13-17; italics emphasis supplied).
Thus, all of the disclosure refers to “diffuser 110” without
regard to the container or any diffusion system containing the
same, which view is congruent with the disclosure that
specification FIG. 7 “illustrates a side view of . . . a diffuser
. . . having a pair of laterally displaced nozzles adapted to be
positioned in a fixed manner in a mixing cylinder” (page 6;
emphasis supplied).
Indeed, the use of the term “diffuser” in the ‘835
patent and in appellant’s description of “diffuser 71” of that
patent as well as in the description of specification FIGs. 1, 2,
3, 5 and 7 in the present application agrees with the ordinary,
dictionary meaning of this term: “[a] duct, chamber or section in
which a high-velocity, low pressure stream of fluid (usually air)
is converted into a high-velocity, high pressure flow.” McGraw-
Hill Dictionary of Scientific and Technical Terms 570 (5th ed.,
Sybil P. Parker, ed., New York, McGraw-Hill, Inc. 1994); see
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