Ex parte NIX et al. - Page 6




          Appeal No. 1997-3142                                                        
          Application No. 08/323,660                                                  


          infrared source 1 is directed through sample chamber 2 with                 
          CO  therein (column 3, lines 66 through 75).  A detector 6 at               
            2                                                                         
          the other end of the sample chamber detects CO  wavelengths                 
                                                        2                             
          (column 4, lines 3 through 26).                                             
               The examiner then turns to Stanley for a teaching of                   
          measuring O  based on quenching of fluorescent emissions from               
                     2                                                                
          a sensor film 15, 25 and 37 (Figures 1, 2 and 9,                            
          respectively).  In the Figure 1 embodiment, light from source               
          20 passes through glass tube 14 and excites the fluorescent                 
          material 15.  Fluorescent radiation emitted by the film 15 is               
          detected by detector 21 (column 5, lines 53 through 55).  The               
          detector measures “the extent of fluorescent quenching due to               
          oxygen” in the tube 14 (column 5, lines 59 through 66).  In                 
          the Figure 2 embodiment, light from source 27 strikes the                   
          sensor film 25 at an angle, and the fluorescence therefrom is               
          reflected to detector 28 (column 6, lines 55 through 68).                   
               The examiner indicates (Answer, page 5) that it would                  
          have been obvious to one of ordinary skill in the art to                    
          employ the sensors of Stanley and Billetdeaux with the method               
          of Seiden because “the sensors of Stanley et al. and                        
          Billetdeaux et al. would provide accurate and advantageous                  
                                          6                                           





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