Appeal No. 1996-3262
Application No. 08/141,632
assert that there are structural and functional differences
between diodes and thermistors as opposed to fluid sensors, and
that they are not equivalent, noting that fluid sensors may work
without a thermistor.
Appellants point out12 that claims 1-3 all specifically
recite "an electric device for monitoring a fluid," and claim 1
recites that the device operates in response to a temperature
change of the diamond film resulting from heat transfer to sense
a parameter of the fluid. Appellants also point to claim 2 which
recites that the second surface is in contact with the fluid, and
to claim 3 which recites that the diamond film has an exposed
surface to the fluid.
The Examiner13 apparently recognizes that Kimoto et al does
not disclose that the surface of his film is in contact with the
fluid when used as a flow sensing device, but finds that it is
inherent to do so. Furthermore, the Examiner 14 does not give any
patentable weight to the claimed intended use of the apparatus,
and states that the use of a thermistor in fluid flow
measurements has been well known in the measuring and testing
12
12 Reply Brief, page 2.
13
13 Examiner's Answer, page 4.
14 Examiner's Answer, page 6.
7
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