Appeal No. 1997-2925
Application No. 08/378,838
1. A sensor comprising a piezoelectric crystal with a
polyarylene thioether-containing coating.
The examiner relies upon the following references as
evidence of obviousness:
Strutz et al. (Strutz) 5,423,902 Jun. 13, 1995
Henrik M. Fog, "Piezoelectric Crystal Detector for the
Monitoring of Ozone in Working Environments," 57 Analytical
Chemistry no. 13, 2634-38 (1985)
Appealed claim 12 stands rejected under 35 U.S.C. § 112,
second paragraph. All the appealed claims stand rejected
under 35 U.S.C. § 103 as being unpatentable over Fog in view
of Strutz.
We will not sustain the examiner's rejection of claim 12
under 35 U.S.C. § 112, second paragraph. According to the
examiner, it is not clear what additional structure is
provided in claim 12 that makes the sensor suitable for
measurements in the recited fields. However, in making a
rejection under § 112, second paragraph, it is incumbent upon
the examiner, in the first instance, to demonstrate that one
of ordinary skill in the art would not understand the scope of
the claim when the claim language is read in light of the
specification and state of the prior art. In re Speed, 710
F.d. 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983); In re
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