Appeal No. 2000-0327 Page 7
Application No. 08/745,330
per minute" to mean that Thompson is determining the volume of
water flowing through the pipe. We interpret this language of
Thompson as indicating that the flow detectors can detect an
extremely low flow rate ("flow" or "no flow") through the pip;
i.e., as long as there is at least about 0.1 gallons per
minute flowing through the pipe, flow is detected. This
detection of an extremely low flow rate is not the same as
determining that a selected volume of water has flowed through
the pipe, as required by independent claims 1 and 11.
We additionally find that Thompson further discloses
(col. 2, lines 60-67) that each fixture has a selected maximum
time limit for which each control valve may be opened. For
example, a tub may only be allowed to have water flowing into
it for up to 15 minutes. If it is unintentionally left on in
excess of 15 minutes, the fluid management system will close
the main shut-off valve thereby preventing it from overflowing
and causing damage. From this teaching of Thompson, it is
clear that Thompson presumes that the flow is a full flow that
will fill the tub in a predetermined period of time. Thus,
Thompson presumes the volume of water flowing, but does not
measure the volume of the water flowing. If the volume of
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