Ex Parte Schlosser et al - Page 4



            Appeal No. 2006-1166                                                                      
            Application No. 09/994,257                                                                

                  Van der Pol discloses a mass flowmeter which operates                               
            according to the Coriolis principle and includes a housing, a                             
            thick-walled tube (4), the flow channel of which is a Coriolis                            
            measuring tube (1), an oscillation generator (2), and oscillation                         
            sensors (3) (col. 1, line 65 - col. 4, line 28).  The materials                           
            of which the thick-walled tube can be made include metal, metal                           
            alloy and plastic, particularly PTFE, PFA or polyether                                    
            etherketone (col. 4, lines 29-33).                                                        
                  The appellants argue that it would not have been obvious to                         
            one of ordinary skill in the art to substitute PTFE or PFA for                            
            metal or glass in a Coriolis flowmeter tube because glass and                             
            metal have different characteristics than PTFE and PFA (brief,                            
            page 5).  Sipin does not disclose the material of the conduit.                            
            Thus, there is no substitution to be made.  One of ordinary skill                         
            in the art would have made Sipin’s conduit from the materials                             
            known to be suitable for making flowmeter vibrating tubes, such                           
            as Van der Pol’s PTFE and PFA.                                                            






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