Ex parte ADLER - Page 8




          Appeal No. 96-1225                                                          
          Application 08/107,696                                                      


               move about or be distributed.[3]                                       
          This term is not limited in meaning to movement in a circle or              
          circuit but, rather, broadly includes movement from place to                
          place, which certainly is movement produced when an ultrasonic              
          generator is used.                                                          
               For the above reasons, when we give the term                           
          "mechanically circulated" in appellant’s claim 1 its broadest               
          reasonable interpretation in view of appellant’s specification              
          and the prior art, we find that this term includes the                      
          movement of fluid provided by an ultrasonic generator.                      
               Appellant argues that ultrasonic energy is not mechanical              
          (brief, page 7).  We are not persuaded by this argument in                  
          view of the teaching in Jackson ‘619 discussed above.                       
          Appellant further argues that the application of ultrasonic                 
          energy produces ultrasonic waves which cause microscopic                    
          excursions of particles of the dense phase gas from their                   
          equilibrium which does not suggest mechanical circulation (see              
          id.).  This argument is not well taken because it is merely an              

               3Webster’s II New Riverside University Dictionary 264                  
          (Riverside Publishing Co. 1984).  A copy of the relevant page               
          of this dictionary is provided to appellant with this                       
          decision.                                                                   
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