Appeal No. 1996-3262
Application No. 08/141,632
As regards to claims 5 and 9-15, we find that these claims
specifically require contact with the fluid. See, inter alia,
claims 5 and 12 which require "a diamond film in direct contact
with the fluid;" claim 9 requires "a second surface in contact
with said fluid;" claim 10 requires "at least said second surface
in contact with said fluid;" claim 11 requires "one planar
surface of said diamond film in contact with a fluid;" claim 15
requires "a diamond film having an exposed surface to contact a
fluid to be monitored." Contrary to the position of the
Examiner, we hold that having an intermediate structure contact
the fluid is not providing for contact between the fluid and the
film surface as claimed.
As regards claim 6, we find that this claim specifically
requires that the heat generator generate a heat pulse and the
thermally sensitive resistor measures a temperature variation of
the diamond film caused by the heat pulse. Ohta et al does not
teach the generation of a heat pulse. Ohta et al teaches28 an
embodiment wherein a trigger pulse is given to initiate heating
of a heater resistor. The heating then continues until a
constant difference in temperature between the sensing element
28
28 Column 7, lines 40-53
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