Ex parte FEUCHT et al. - Page 3




          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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