Ex parte TAYLOR - Page 5




          Appeal No. 98-0102                                                          
          Application 08/030,734                                                      


          means” and “evaporator means”, and claim 26 recites “hot                    
          junction means” and “cold junction means”, respectively).  In               
          construing this recitation, we must determine the meaning of                
          “the reduced difference”, which incidentally, has no                        
          antecedent basis in the claims.  The word “reduced” is a word               
          of relationship or degree, since the difference can only be                 
          “reduced” relative to some other difference.  The claims do                 
          not                                                                         
          specify what the temperature difference is reduced in relation              
          to, and in such a circumstance, we must determine whether                   
          appellant’s specification provides some standard for measuring              
          the degree or relationship recited, so that one of ordinary                 
          skill would understand what is claimed when the claim is read               
          in light of the specification.  Seattle Box Co., Inc. v.                    
          Industrial Crating and Packing, Inc., 731 F.2d 818, 826, 221                
          USPQ 568, 574 (Fed. Cir. 1984).                                             
               From appellant’s specification, it appears that the                    
          claimed operating temperature difference is “reduced” relative              
          to the operating temperature difference in a system using an                
          “immersed type” heat absorber.  For example, as stated in the               
          last paragraph on page 11 of the specification (emphasis                    
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007