Appeal No. 2000-1337
Application No. 08/955,002
The term “chamber” as used for example in line 2
of claim 1 in applicant’s specification appears
misdescriptive. To form a chamber, the cap 40
and/or base 50 must be mated with the burner head
20. A chamber is generally defined as an enclosed
space or cavity.
The “primary air flow passage” recited in line 8
of claim 1 for example which includes the venturi
passage 74 and chamber in the burner head leading to
discharge passages 32 is intangible and should be
defined by either the structure forming such or in
terms of means forming such.
The “secondary air flow passage”, at 118 and
leading to outlets at 112, is intangible and should
be defined by either the structure forming such or
defined in terms of means forming such. Note in
fig. 4, for example, that structure forming the
primary air flow
passage is common to structure forming the secondary
air flow passage and the structure connecting the
secondary air flow passage to the plurality of
bypass ports 120 is common to the structure forming
the recited “burner ports”. Note in support of such
that claim 4 recites that “a venturi support wall”
separates the primary flow passage form the
secondary flow passage.
Claim 2 is further misdescriptive in that the
fingers of the bu[r]ner head are not considered
“apertured” as recited. The portions 32 and 34 of
the burner head are considered recesses, grooves or
passageways. This appears to be consistent with the
dictionary definition presented by the applicant in
the amendment filed October 13, 1998 where in [sic:
wherein] an aperture is define as “A hole, gap,
slit, or other opening; an orifice.”
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