Appeal No. 1999-0245
Application No. 08/720,268
light of the specification as it would be interpreted by one of
ordinary skill in the art. See In re Moore, 439 F.2d 1232, 1235,
169 USPQ 236, 238 (CCPA 1971).
In the present case, as more fully explained below, we
readily discern that those skilled in the art of using acoustic
energy to determine liquid level in a container or tank would
understand the subject matter of claims 1, 11, 16, and 8, in
particular, when the language at issue in those claims is read in
the context of the disclosure of the underlying specification and
the prevailing knowledge in the art.
As expressly acknowledged in the background section of
appellant’s specification (page 1), the use of acoustic
transmitters for determining fluid levels in containers is well
known. The Trudeau patent, incorporated by reference into
appellant’s specification, particularly evidences the depth of
knowledge and high level of skill of those practicing this art.
As to the content of claims 1, 11, and 16 at issue, appellant
points out (main brief, page 20) that the circuit function of
determining level based on echo amplitude and delay is “very old
and well recognized in the art” and, therefore, is “not only
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