Appeal No. 2001-0092 Page 9
Application No. 09/033,145
agree. In that regard, Krambs sensor 15 does not constantly
test the lubricant for the presence of a certain percentage of
water in the lubricant since sensor 15 is a water level sensor
which performs no testing of the lubricant for the presence of
a certain percentage of water in the lubricant when the water
level in tank 3 is below the lower ends of the concentric
tubes of sensor 15.
Since all the limitations of claims 1 are not met by
Krambs for the reasons set forth above, the decision of the
examiner to reject claim 1, and dependent claims 4 and 5,
under 35 U.S.C.
§ 102(b) is reversed.
The obviousness rejection
We will not sustain the rejection of claims 2 and 3 under
35 U.S.C. § 103.
We have reviewed the reference to Zoch additionally
applied in the rejection of claims 2 and 3 (dependent on claim
1) but find nothing therein which makes up for the deficiency
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