Interference No. 104,745
interpreting the Bai count alternative in light of Bai's specification does not support Laiko's
argument. Specifically, Laiko relies on the fact that Bai's specification defines "atmospheric
pressure" as a subset of "ambient pressure,"17 the definition of which refers to an "enclosure":
DEFINITIONS
As used herein:
"Ambient pressure" refers to the existing pressure within the enclosure of
the AP-MALDI apparatus. The enclosure generally may have small openings or
ports. However, the enclosure may also be sealed. The ambient pressure is
greater than 100 mTorr, and may be much higher, such as greater than 1 Torr, 100
Torr, 1000 Torr, 2500 Torr and at pressures intermediate to 100 mTorr and 2500
mTorr. It is understood the pressures above 760 Torr mean that the system is
under a positive pressure.
"Atmospheric pressure" is a subset of "ambient pressure" and refers to the
normal air pressure, e.g., 760 mm Hg at sea level. Near or at about atmospheric
pressure refers to pressures that are between about +15% and -15% of
atmospheric pressure, preferably between about +10% and -10% more preferably
between about +5% and -5%. Atmospheric pressure is most preferred. In some
cases, a positive pressure (e.g. inert gas) is on the system to control the flow.
Bai specification at 10, ll. 5-14. However, these definitions lack the "reasonable clarity,
deliberateness, and precision" required to demonstrate an intent to modify the standard
definitions of "ambient pressure" and "atmospheric pressure" by having them imply the presence
of a surrounding enclosure. See In re Paulsen, 30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674
(Fed. Cir. 1994)("Although an inventor is indeed free to define the specific terms used to
describe his or her invention, this must be done with reasonable clarity, deliberateness, and
precision. 'Where an inventor chooses to be his own lexicographer and to give terms uncommon
meanings, he must set out his uncommon definition in some manner within the patent disclosure'
17 "Ambient pressure" is "[t]he pressure of the surrounding medium, such as a gas or liquid,
which comes into contact with an apparatus or with a reaction." McGraw-Hill Dictionary 75.
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