Ex parte BOCK et al. - Page 5




           Appeal No. 1999-0422                                               Page 5             
           Application No. 08/628,805                                                            


                 The term "approximately" is a term of degree.  When a                           
           word of degree is used, such as the term "approximately" in                           
           claim 9, 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).                                                                           
                 In the present case, we have reviewed the appellants'                           
           disclosure to help us determine the meaning of "corresponds                           
           approximately."   The appellants' specification states: (1) at                        
           page 1 that each fin is "secured in a groove or the like                              
           recess in the base section," (2) at page 3 that cooling fin                           
           plates 16 are "clamped in grooves 14 in the base section 12"                          
           and (3) at pages 2 and 3 that the sheet forming each fin is                           
           wavy along its longitudinal axis, the wave peaks of the wavy                          
           form define a plane (E) on each side of the sheet parallel to                         
           the longitudinal axis, and the transverse distance across the                         
           longitudinal axis between the two planes (E) "corresponds to                          
           the width i of the grooves" (page 3).  Additionally, the                              
           appellants' Figure 6 shows the distance between the planes (E)                        









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