Appeal No. 2004-0381
Application No. 09/924,267
influences the characteristics, thickness should be one of items
controlled in the printing process.
The particular disclosure found in Section 3-3 of Arai
indicates that the electrode thickness can range from 5 microns
up to 10 microns, and that within this variation, the current
varies. The thickness of the copper lead is not specifically
set forth in Arai. Hence, upon review of Figure 2, the total
thickness of the copper lead plus the electrode is unknown. All
that we know is that the electrode can have a thickness of from
5 microns to 10 microns.
The examiner relies upon Kawaguri and McAleer for teaching
that carbon tracks are well-known in this art and therefore
substituting the copper lead of Arai with a carbon track would
have been obvious. On page 6 of the answer, the examiner
indicates that copper tracks are less expensive, and copper is
more likely to adversely react with the sample than carbon, and
therefore it would have been obvious to make the substitution.
On page 7 of Paper No. 21, the examiner also discusses this same
reasoning.
Appellants argue that this combination does not satisfy the
aspect of the claim regarding “said electrode, in the presence
of a sample of blood, having a response slope that remains
substantially constant as the thickness of said thin working
layer decreases.” (Brief, page 6.)
In response, on page 8 of the answer, the examiner argues
that the modified sensor of Arai in view of Kawaguri and McAleer
would achieve the same properties because it would have the same
structure. We disagree with the examiner for the following
reasons.
As mentioned above, it is not certain what the thickness is
of the copper lead plus the electrode as set forth in Arai.
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