Ex parte NURMI et al. - Page 10




          Appeal No. 95-1641                                                           
          Application No. 07/825,927                                                   


          consistent with appellants’ acknowledgment at page 9 of the                  
          Brief that it is known to be more desirable to produce larger                
          crystals as shown, e.g., by the Forsberg reference.  With                    
          respect to appellants' reliance on Ferguson’s statistical                    
          analysis it is not relevant to the present situation inasmuch                
          as it does not take into consideration the effect of                         
          controlling evaporation speed and/or using large seed                        
          crystals.  Note also that appellants improperly assume a                     
          different mean crystal size than that claimed (0.53 mm rather                
          than 0.35 mm).                                                               
               Appellants argue that the Yamauchi reference does not                   
          teach a large scale process.  See Brief, page 13.  To                        
          determine the meaning of “large scale”, we have consulted the                
          specification. Nowhere does the specification, however, define               
          the meaning of “large scale”.  Accordingly, we have given it                 
          the broadest reasonable meaning based on its ordinary usage.                 
          See In re Paulsen, 30 F.3d 1475, 1479,31 USPQ2d 1671, 1674                   
          (Fed. Cir. 1994); In re Zletz, 893 F.2d 319, 321, 13 USPQ2d                  
          1320, 1321-22 (Fed. Cir.  1989).  Having given the broadest                  
          reasonable meaning to the phrase “large scale”, we agree with                


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