Ex parte FLEISCHER et al. - Page 6




          Appeal No. 1996-0841                                                        
          Application No. 07/928,443                                                  

               In the present case, we determine that the examiner has                
          not supplied a sufficient factual basis to employ                           
          “catalytically inactive” beta-gallium oxide with a                          
          catalytically active material to form at least one individual               
          sensor element.  As stated by the examiner (Answer, page 5),                
          Firth teaches employing gas sensitive resistors consisting                  
          essentially of gallium oxide.  See column 1, lines 57-59.                   
          This gallium oxide is suggested over other so-called                        
          “catalytic metal oxides,” such as titanium dioxide, vanadium                
          pentoxide, chromium oxide and cerium oxide.  See Firth, column              
          2, lines 32-56, together with Clifford, column 7, line 65 to                
          column 8, line 5.  According to Firth (column 2, lines 42-56),              
          the catalytic metal oxides exhibit a characteristic which is                


               ill-adapted for use where it is required to provide                    
               for fine adjustment of the composition of the inlet                    
               mixture, especially in the important range of “lean”                   
               mixtures.                                                              
          Moreover, Firth does not indicate that the gallium oxide                    
          employed is catalytically inactive or is in beta form.  See                 
          Firth in its entirety.  Nor does it indicate that a                         
          catalytically inactive film can be used together with a                     
          catalytically active material.  Id.                                         
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