Appeal No. 97-1176
Application 08/003,673
found objectionable by the examiner read as follows:
. . . [T]he [water treatment] material is in solid or
paste form and fills the interior of the cartridge 15
so that essentially only its upper surface makes
effective contact with water, the apertures 27 being
sufficiently small so that the contact between the
water and the material 34 by virtue of the holes 27,
does not have any significant effect on the dissolving
or dispersion of the material 34. The material is
desirably formulated so that it slowly dissolves in
water, the pattern of holes 27 being effective to
ensure that the material 34 is consumed evenly, so that
its upper surface maintains a substantially flat
profile as it slowly drops. [specification, page 7,
lines 17-27; emphasis added]
* * *
As the water treatment material 34 is consumed and
the level of its upper surface drops, further apertures
27 in the side wall of the cartridge casing 25 become
exposed to thereby permit water collected within the
casing to drain therefrom during the flushing cycle.
Desirably, water within the housing 11 makes contact
with the water treatment material essentially only
across its upper surface, thus permitting the rate of
dispersion of the water treatment material 34 to be
effectively controlled. [specification, page 8, lines
23-31; emphasis added]
In our view, the ordinary skilled artisan would have no
difficulty determining the metes and bounds of claim 15, and in
particular the language pointed out by the examiner, when the
claim language is read in light of the foregoing portions of
appellants’ disclosure. Accordingly, we will not sustain the
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