Ex Parte Jax - Page 2




          Appeal No. 2006-1436                                                              
          Application No. 10/461,817                                                        
                                                                                           
                The disclosed invention relates to a sensor tube for                        
          determining a concentration of a substance.  The sensor tube                      
          comprises a hard, pressure-resistant outer tube and a diffusion                   
          layer covering the inside of the outer tube.  The outer tube has                  
          holes formed therein that extend from the outside of the outer                    
          tube to the diffusion layer.  The diffusion layer is permeable to                 
          the noted substance that enters the holes in the outer tube.                      
                Claim 1 is the only independent claim on appeal, and it                     
          reads as follows:                                                                 
                1.  A sensor tube for determining a concentration profile of                
          a substance along a path, comprising:                                             
                a hard, outer, pressure-resistant tube having an outside and                
          an inside;                                                                        
                a diffusion layer covering the inside of said outer tube,                   
          said diffusion layer being permeable to the substance; and                        
                said outer tube having holes formed therein extending from                  
          the outside to said diffusion layer.                                              
                The reference relied on by the examiner is:                                 
          Recla    5,301,538    Apr. 12, 1994                                               
                Claims 1 through 3 stand rejected under 35 U.S.C. § 102(b)                  
          as being anticipated by Recla.                                                    
                Reference is made to the final rejection, the brief and the                 
          answer for the respective positions of the appellant and the                      
          examiner.                                                                         
                                          OPINION                                           
                We have carefully considered the entire record before us,                   

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