Appeal No. 1998-2443
Application No. 08/704,956
The examiner relies on the following references:
Skrgatic 4,580,448 Apr. 08, 1986
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Oshima et al. (Oshima) 1JP 58-092825 Jun. 02, 1983
Claim 21 stands rejected under 35 U.S.C. § 103 as unpatentable over Oshima in
view of Skrgatic.
Reference is made to the brief and answer for the respective positions of appellant
and the examiner.
OPINION
We reverse.
Oshima discloses the use of an EMAT positioned adjacent a container for the
purpose of measuring the level of a liquid in the container. However, rather than being
positioned adjacent a wall of the container in contact with the liquid contents, as claimed,
Oshima’s EMAT is positioned adjacent a wall of the container in contact with the air, or
gas, above the liquid contents.
The examiner recognized this deficiency in Oshima and relied on Skrgatic for the
teaching of locating a transducer on the bottom of a container, on a container wall which is
in contact with the liquid contents of the container, wherein the level, or depth of the liquid in
1Our understanding of Oshima is derived from an English Translation thereof prepared by the
United States Patent and Trademark Office. Further, while appellant and the examiner refer to the reference
as " Ooshima", it appears that the inventor's name is Oshima and we will refer to the reference as Oshima
in our discussion herein.
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