Appeal No. 2005-1349 Page 6
Application No. 10/079,686
reflective shields to reach desired performance for the required spectrum of
pulsations frequencies.
In addition, in the background of the invention section of the application, the
appellants teach that the majority of companies use two approaches to reduce
pulsations in hydraulic systems. The first approach consists in using a dampening
element to absorb or damper pulsations in the flow. The second approach consists in
using the interference of 180-degree phase-shifted waves to reduce pulsations in a
system. The appellants state that Russian Pat. No. 626 304 discloses a dampener in
which a phase-shifted wave is formed in a secondary channel of an interference disk.
The present invention is said to be an advanced/improved modification of the previous
dampener.
In our view, the examiner has not established a prima facie case of
indefiniteness. In fact, the examiner has not provided any rationale as to why the metes
and bounds of the claimed invention are not set forth with a reasonable degree of
precision and particularity when the language employed in the claims is analyzed in light
of the teachings of the prior art and of the application's disclosure as it would be
interpreted by one possessing the ordinary level of skill in the art. All the examiner has
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