Appeal No. 98-3287
Reissue Application 08/354,624
particularly point out and distinctly claim the subject matter
which appellant regards as his invention.
Our difficulty with the claim language centers on the
word "substantial" in the phrase "a substantial axial portion
of said elongated tube" in each of independent claims 1, 7 and
19. When a word of degree such as "substantial" is used
in a claim, it must be determined whether the underlying
specification provides some standard or guideline for
measuring that degree.
In other words, it must be determined whether one of ordinary
skill in the art would understand what is claimed when the
claim
is read in light of the specification. Seattle Box Co. v.
Industrial Crating & Packing Inc., 731 F.2d 818, 826, 221 USPQ
568, 574 (Fed. Cir. 1984).
In the present case, appellant’s specification does not
provide any standard or guidance for determining what
percentage of the total length of the elongated tube the flue
4
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