Ex Parte Gharib et al - Page 6

              Appeal 2007-0113                                                                     
              Application 10/353,776                                                               
                    does the article provide any guidance as to how velocity affects the           
                    optimum formation number or pulsing frequency.                                 
                 4. Appellants’ Specification teaches that the performance of the pulse jet        
                    is optimized by controlling two parameters, which include the                  
                    formation number F (as defined in claim 2, reproduced above) and the           
                    pulsing frequency f=1/T (Spec. 6:7 to 7:6).2  Appellants point out the         
                    pulsing frequency f may also be expressed as a non-dimensional                 
                    number StL=fL/U=t/T (Spec. 7:6-11).  Appellants’ Specification                 
                    further discloses that the optimum formation number F is “around 4;            
                    more specifically 4 ± 0.5” for the case where the flow at the nozzle           
                    exit is “substantially uniform (e.g. within 10-20%) across the nozzle          
                    cross-section” and decreases, to as low as 1.0, as the flow becomes            
                    less uniform (Spec. 7:13-18).  Appellants’ Specification does not              
                    provide any guidance whatsoever as to how the optimum formation                
                    number varies with degree of uniformity of flow.  The Specification            
                    discloses two ranges 0.45 < StL < 0.55 and 0.80 < StL < 0.90 (Spec.            
                    7:19 to 8:1) for pulsing frequency, but does not indicate under what           
                    conditions these two different ranges apply.                                   
                 5. The parenthetical “(e.g. within 10-20%)” (Spec. 7:13-18), in using             
                    language of an exemplary nature, fails to clearly define the metes and         
                    bounds of the phrase “substantially uniform” to permit one of ordinary         
                    skill in the art to ascertain the scope of the term “substantially,” which     
                                                                                                  
              2 Appellants’ Specification uses “f” to denote the “pulsing frequency” while         
              claim 2 uses “f” to denote “pulsing frequency.”  For consistency in our              
              opinion, we use the claim convention “f” to denote “pulsing frequency.”  In          
              the event of further prosecution of this application, Appellants should amend        
              either the claims or the Specification for consistency.                              
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