Interference No. 104,745
regions of atmospheric pressure. See, e.g., Bai Specification at 1, ll. 13-15 ("The invention
relates to the field of mass spectrometry, and more particularly, to a matrix-assisted laser
desorption ionization (MALDI) source for mass spectrometry at about atmospheric pressure.").
Consequently, we hold
that the term "atmospheric-pressure" is entitled to weight and that the Bai count alternative
therefore is limited to an apparatus for generating analyte ions in a region of atmospheric
pressure.16
Turning now to the meaning of "atmospheric-pressure," the term "atmospheric pressure"
is defined as "[t]he pressure at any point in an atmosphere due solely to the weight of the
atmospheric gases above the point concerned." McGraw-Hill Dictionary 147. The term is also
used to refer to "an exerted pressure of 1 atmosphere," which is a unit of pressure equal to
1.01325 x 105 newtons per square meter. The American Heritage Dictionary of the English
Language 83 (New College Edition, 1975). These standard definitions do not imply that the
atmospheric-pressure region is defined by or located within an enclosure. Nor does Laiko so
contend. Instead, Laiko cites Bai's specification in support of this conclusion. However,
16 This interpretation of the preamble of the Bai count alternative accordingly is consistent
with the construction of the preamble of Bai claim 41 in the Motions Decision, at 8-9:
The determination of whether preamble recitations are positive limitations "can be
resolved only on review of the entirety of the patent to gain an understanding of
what the inventors actually invented and intended to encompass by the claim."
Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257,
9 USPQ2d 1962, 1966 (Fed. Cir. 1989). Accordingly, we look to Bai's
specification in order to properly interpret Bai claim 41.
. . .Thus, Bai claim 41, when interpreted in light of the Bai specification,
positively recites an apparatus capable of atmospheric-pressure ionization.
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