Appeal No. 2004-1977 Page 4
Application No. 09/297,256
tunnel, the tube length referred to is of the size of at least
about 1 km and typically several kilometres, though a tube
length of only some hundred metres can be actual in certain
applications.
On the basis of this disclosure, we interpret “long” as used in appellant’s claims as
meaning a length of “some hundred metres” or more, which we understand to mean at
least one hundred meters.
Naumann discloses a liquid aerosol dispenser for use, for example, in dispensing
quenching agents to stop the propagation of explosions in confined areas such as in
coal mines (column 1, lines 18-20), the dispenser comprising a container 13 for holding
the quenching liquid, a gas compression tube 15 for containing a gas under pressure
and an explosive charge housing 17. Disposed on the outside of the container 13 is a
rupturable sealer 27.
According to the examiner, Naumann’s container 13 responds structurally to the
“extinguishing medium source consisting essentially of a long tube” recited in appellant’s
claim 1. As is evident on page 6 of the answer, the examiner has taken the position
that appellant’s specification does not limit the term “long” to a specific range. On the
basis of this position, which we do not consider to be well taken for the reasons
discussed above, the examiner concludes that Naumann’s container 13 is a “long” tube.
As the examiner has not pointed to any disclosure in Naumann which would indicate
that the length of the container 13, or even the combined length of the container 13 and
compression tube 15, approaches or exceeds one hundred meters, we must reverse
this rejection.
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