Appeal 2007-2483
Application 09/899,183
FIG. 4, but neither the figure nor the text illustrate with any precision what
"adjacent" means in this context.14
Zhao describes a vaporizing module 16 as "mounted adjacent" to a
chamber body 12, citing FIGS. 1 and 2.15 It is not clear from the figures
whether the two structures touch although they are plainly close to each
other. Zhao also describes a cooling channel as adjacent to an O-ring seal,
but the channel is not shown or more particularly described, which makes its
proximity difficult to determine.16 Finally, Zhao describes a gas conduit 202
as "partially adjacent" to a heating jacket 220 in FIG. 5.17 Again, the figure
is ambiguous since the structures are relatively close, but it is not clear
whether an unlabeled spur touching the gas conduit 202 is part of the heating
jacket 220.
Neither patent uses "adjacent" as a specialized technical term. Li uses
"adjacent" to connote a close but not necessarily touching relationship.
Zhao's usage is consistent with either touching or not touching, but generally
in close proximity. Both use further modifiers like "immediately" and
"partially", which suggests that a range of proximate positions are possible.
In view of our obligation to construe claims as broadly as is reasonable in
view of the specification and the understanding in the art, we conclude that
"adjacent" means "near to", but not necessarily touching.
14 Li 13:30-34.
15 Zhao 4:16-20.
16 Zhao 5:41-43. As a practical matter it seems unlikely that Zhao would
want the O-ring to be subjected directly to cooling fluids.
17 Zhao 8:52-55.
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