Appeal No. 95-0972 Page 9
Application No. 07/650,453
in the water table, or even below it (specification, p. 9);
and (4) it is possible to plant the cutting more shallowly so
that it does not actually intersect the water table when first
planted (specification, p. 9).
From our review of the appellant's specification, we find
ourselves unable to define the phrase "the lower end of the
stem is located to provide . . . water uptake interaction
with the near-surface ground water supply" with a reasonable
degree of precision and particularity such that the metes and
bounds of claim 1 would be understood. In that regard, we are
unable to determine if this limitation requires (1) the lower
end of the stem as originally planted must be located to
interact with the ground water supply near the surface to
provide water uptake to the tree stem, (2) the lower end of
the stem as originally planted must be located where the
ground water supply near the surface is normally located to3
At a planting location, the depth of the actual ground3
water supply at that location may widely vary due to rainfall
(see page 21 of the specification) but the normal ground water
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