Appeal No. 1996-3262
Application No. 08/141,632
Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d
1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S. Ct. 80 (1996)
citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
Appellants submit24 that Ohta et al and Inada et al show
direct-heated fluid flow measuring equipment that does not
disclose or suggest use of a diamond film.
Appellants contend25 that contrary to the Official Action
there is no pulsed heating of a film in Ohta et al, as Ohta et al
controls heat to maintain a constant difference in temperature
between a sensing element and a temperature compensating element.
As regards to Inada et al, Appellants argue that it does not
disclose or suggest a device with a thermally sensitive resistor
thermally connected to the heat generator through a diamond film.
As regards to Nakahata et al, Appellants repeat their arguments
set forth in Section B above.
Appellants conclude that there is no motivation in any of
the cited references to take a diamond thermistor as disclosed by
24
24 Brief, page 13
25
25 Brief, page 13; Reply Brief, page 4
13
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