Appeal No. 95-4354
Application 08/137,633
probabilities or possibilities. The mere fact that a certain
thing may result from a given set of circumstances is not
sufficient). Second, while the examiner alleges that 3-5 psi is
a parameter of the instant claims, he goes on to say that 3-5 psi
"must refer to vacuum and should be interpreted as 3-5 psig."
Applicant’s reply brief acknowledges that he too has interpreted
the 3-5 psi as 3-5 psig. Applicant further explains that , 3
[B]y definition AT ZERO PSIG the pressure is 14.7
pounds per square inch (one atmosphere of pressure)...
[T]herefore "3-5" PSIG is 3-5 pounds per square inch
ABOVE ATMOSPHERIC PRESSURE AND NOT UNDER VACUUM. At 3-
5 psig the total pressure is 14.7 (one atmosphere) plus
3-5 equalling 17.7 to 19.7 pounds per square inch
(total). Pressure above one atmosphere is not
vacuum... (original emphasis).
Both applicant and the examiner interpret 3-5 psi in Tsang as 3-5
psig and we believe this to be a reasonable interpretation in
view of the fact that the only reference by Tsang in his patent
is to psig when referring to feed flow. With this interpretation
by the examiner and the applicant that 3-5 psi is 3-5 psig, and
with applicant's showing that 3-5 psig is above atmospheric
3For this explanation applicant relies on "Chemical
Engineering Handbook", Perry and Chilton, 5th Edition, Chapter 5,
Page 4, McGraw Hill. (a copy of this page is attached to the
decision).
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