Ex Parte INUSHIMA et al - Page 17



          Appeal No. 1996-3262                                                        
          Application No. 08/141,632                                                  

          and the temperature compensating element is generated, or until             
          the sensing element reaches a constant value.  Thus, while heat             
          is generated in response to a trigger pulse, there is no                    
          disclosure of the heat being in pulse form.                                 
               The Examiner's argument29 that "[p]ulse heating is common in           
          the art where a pulse of current is provided to the heating                 
          element to heat the fluid passing by," is not well taken.  There            
          is no teaching that Ohta et al transmits a pulse of current to              
          its heating element, or that if a pulse is used to trigger                  
          heating that the heating element would necessarily produce a heat           
          pulse.                                                                      
               Furthermore, it is noted in general that although Nakahata             
          et al discloses numerous benefits obtained by using diamond as a            
          thermistor, there is no motivation in any of the cited references           
          to take a diamond thermistor as taught by Nakahata et al and                
          modify the electrical device component placement, and thermal               
          connections and disconnections, as claimed.                                 
               Accordingly, we will not sustain the rejections of claims 5,           
          6 and 9-15 under 35 U.S.C. § 103.                                           
          E. Rejection of claims 1-3 under 35 U.S.C. § 103 over Kimoto                

               29                                                                     
               29 Examiner's Answer, page 7                                           
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