Appeal No. 96-1883 Application 08/078,380 OPINION The Rejections Under Section 112 The examiner asserts that certain of the subject matter recited in the claims fails to find support in the specification, and therefore the claims run afoul of the first paragraph of Section 112. It is the examiner's position that [t]he specification fails to adequately teach in what respect the path [of the fluid] is "angular" and "non- linear", and how the path is both "angular" and "non- linear" (Answer, page 5, emphasis in the original). We find ourselves in agreement with the appellants that this is not a valid criticism of the specification. With reference to Figure 1A and the explanation thereof found in the appellants' specification, for example, it is our view that one of ordinary skill in the art would readily have understood the meaning of these terms. That is, the path of the fluid from plenum chamber 26 into the space between working surface 14 and bottom surface of the article being conveyed is "angular," in that its overall direction is upward and downstream. It also is "non-linear" in that this overall direction is achieved by traveling in several paths, which are "stepped" with respect to one another. These are illustrated in Figure 1A by the sinuous arrows from plenum 26 through opening 40 into orifice 18, and between orifice 18 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007