Appeal No. 95-1994
Application 07/732,493
contamination may be varied and therefore measured, such would
not have been obvious to the artisan based upon the prior art
relied upon. There is simply no evidence of record that the
prior art would have utilized capacitive sensors to measure
fluid levels or substances in the specific manner
recited in these claims. Therefore, the rejection of claims
6, 11 and 12 must be reversed.
Inasmuch as appellants have not presented any arguments
with respect to dependent claims 2, 3, 5, 8 and 9, they fall
with our affirmance of the rejection of the respective
independent parent claims 1 and 7. We therefore affirm the
rejection of claims 1 to 5 and 7 to 10 under 35 U.S.C. § 103.
However, we reverse the rejection of dependent claims 6, 11
and 12 under 35 U.S.C. § 103. Therefore, the decision of the
examiner is affirmed-in-part.
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