Appeal No. 1998-0046 Page 6
Application No. 08/357,320
chain (1), which we interpret to be parallel to the recited
"axis." Figure 2c illustrates cutter bits (4) having front
faces which may or may not be parallel to the run of the
chain. Figures 1 and 6 illustrate cutter bits (4) having
curved front faces, rather than canted front faces as
illustrated in Figure 2a. Additionally, as shown in Figure 6,
it appears that the cutting face of the cutter bits (4) of the
appellant's invention are the upper faces, which appear to be
perpendicular to the run of the chain.
As should be evident from the above discussion, these
portions of the disclosure do not provide explicit guidelines
defining the terminology "substantially parallel" (claim 1).
Furthermore, there are no guidelines that would be implicit to
one skilled in the art defining the term "substantially" as
used in the terminology "substantially parallel" that would
enable one skilled in the art to ascertain what is meant by
"substantially." For example, one cannot ascertain if the
inclined face (64) of Protzeller's excavating element is
"substantially parallel" to the run of the chain therein, as
now claimed. Absent such guidelines, we are of the opinion
that a skilled person would not be able to determine the metes
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