Appeal No. 1999-0752
Application No. 08/806,103
merely to determine whether the claims do, in fact, set
out and circumscribe a particular area with a
reasonable degree of precision and particularity. It
is here where the definiteness of the language employed
must be analyzed -- not in a vacuum, but always in
light of the teachings of the prior art and of the
particular application disclosure as it would be
interpreted by one possessing the ordinary level of
skill in the pertinent art. [Emphasis ours; footnote
omitted.]
Here, the examiner criticizes the use of the terminology
“boundary layer region.” However, we do not believe that it can
seriously be contended that the artisan would not understand what
is covered by “boundary layer region” especially when it is
viewed in light of pages 6, 7, 9 and 12 of the specification. We
observe that the specification specifies the location of a means
for providing fluid (turbulent fluid flow (vortex regions) and a
boundary layer region (non-turbulent fluid flow) immediately
adjacent to the turbulent fluid flow) with respect to the
location of a means for providing vibrational energy (which is
directed to the boundary layer region). See the specification,
pages 6 and 7. We also observe that the specification specifies
the function, location and frequency level of the means for
providing vibrational energy, which is directed to the boundary
layer region, thus impliedly defining the area covered by the
claimed “boundary layer region.” See the specification, pages
5
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