Ex parte DEETZ et al. - Page 2




               Appeal No. 1995-4405                                                                                                  
               Application No. 08/083,680                                                                                            



                               (a)     isolating the reference medium containing the gaseous species of interest                     
                                       in a gas-permeable reference enclosure;                                                       
                               (b)     providing a separate reservoir source of the gaseous species of interest                      
                                       outside but in communication with the gas permeable reference                                 
                                       enclosure, wherein the reservoir source of gaseous species of interest is                     
                                       formulated to control the concentration of the gaseous species of                             
                                       interest in the reference medium according to a desired function of                           
                                       temperature, f(T), over the selected temperature range;                                       
                               (c)     enclosing the reference medium and reservoir source in a substantially                        
                                       gas-tight hollow common enclosure surrounded by a gas phase that                              
                                       forms a common atmosphere;                                                                    
                                       and                                                                                           
                               (d)     enabling the reservoir source to compensate for temperature                                   
                                       fluctuations within the selected temperature range by controlling the                         
                                       partial pressure of the gaseous species of interest in the common                             
                                       enclosure as a function of temperature such that the concentration of the                     
                                       gaseous species of interest in the reference medium varies as a function                      
                                       of temperature according to the f(T) over the selected temperature                            
                                       range.                                                                                        

                                                              ISSUES                                                                 

                       Claims 26-30 stand rejected under 35 U.S.C. § 112, first paragraph, on the ground that the                    

               specification, as originally filed, fails to provide support for the invention as is now claimed.In                      

               reaching our decision in this appeal, we have given careful consideration to the appellants’ specification            

               and claims and to the respective positions articulated by the appellants and the examiner.  We make                   

               reference to the examiner’s answer (Paper No. 13, mailed November 8, 1994) and the supplemental                       

               examiner’s answer (Paper No. 15, mailed March 7, 1995) for the examiner’s reasoning in support of                     

               the rejection, and to the appellants’ brief (Paper No. 12, filed October 17, 1994), reply brief (Paper                

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