Appeal No. 1998-0046 Page 4
Application No. 08/357,320
1472 (Fed. Cir. 1988). Accordingly, we will initially direct
our attention to appellant's claim 1 to derive an
understanding of the scope and content thereof.
Claim 1 recites an endless chain extending between two
upper and lower sprockets spaced along an axis and cutter
elements mounted on the chain, at least some of the cutter
elements "comprising cutting edges which extend substantially
parallel to said axis" (emphasis added).
The term "substantially" is a term of degree. When a
word of degree is used, such as the term "substantially" in
claim 1, it is necessary to determine whether the
specification provides some standard for measuring that
degree. See Seattle Box Company, Inc. v. Industrial Crating &
Packing, Inc., 731 F.2d 818, 826, 221 USPQ 568, 573-74 (Fed.
Cir. 1984).
Admittedly, the fact that some claim language, such as
the term of degree mentioned supra, may not be precise, does
not automatically render the claim indefinite under the second
paragraph of § 112. In Seattle Box, the court set forth the
following requirements for terms of degree:
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