Appeal No. 1995-4405
Application No. 08/083,680
the common enclosure which in turn controls the partial pressure and, thereby the concentration, of the
gas within the reference medium.
According to the specification, the relatively increased responsiveness of the reservoir source to
temperature can be based on a variety of properties, e.g., a pH difference in the reference medium and
the reservoir source, relative solubility differences of the gas in the reservoir source and the reference
medium, or having the second gas-permeable enclosure containing the reservoir source be more
permeable to the gas than the first gas-permeable enclosure which contains the reference medium (para.
bridging pages 10-11).
OPINION
According to the examiner, the only support for the new claims is on page 4, lines 20-22 of the
specification and, since the only illustration of controlling the concentration of a gas in a reference
medium as a function of temperature over a selected range describes keeping the concentration of a
calibration gas in a reference medium constant in order to improve the accuracy of the calibration
system, the single statement on page 4 is inadequate to support a diametrically opposed invention
wherein the concentration of the gas of interest is controllably varied as a function of temperature
(answer, pages 4-7).
Although the examiner has clarified that the rejection is not based on new matter (see answer,
page 2; reply brief, page 1), it is unclear whether the rejection is based on lack of written descriptive
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