Appeal No. 1997-2925
Application No. 08/378,838
Moore, 439 F.d. 1232, 1235, 169 USPQ 236, 238 (CCPA 1971). In
the present case, the examiner has not satisfied this burden.
All that has been set forth is that the examiner, not one of
ordinary skill in the art, does not understand the particular
structures for sensors that are suitable for use in the fields
of occupational safety and health, emission measurements and
filter monitors.
We will also not sustain the examiner's rejection of the
appealed claims under 35 U.S.C. § 103. In order for the
collective teachings of Fog and Strutz to have made the
presently claimed subject matter obvious to one of ordinary
skill in the art within the meaning of § 103, Fog, the primary
reference, must provide a general teaching that a
piezoelectric crystal detector for monitoring ozone can be
made by coating a piezoelectric crystal with any polymer
coating that reacts with ozone in a nonreversible manner.
Then, and only then, would it have been obvious to utilize the
polyarylene thioether of Strutz, which is employed as a filter
for ozone, as a substitute for the polybutadiene exemplified
by Fog. However, we find that Fog falls considerably short of
providing such a general teaching regarding the coating
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