Ex Parte INUSHIMA et al - Page 14



          Appeal No. 1996-3262                                                        
          Application No. 08/141,632                                                  

          Nakahata et al and substitute this structure for components of              
          either of the very different types of heated flow sensors                   
          disclosed by Inada et al or Ohta et al, as they are diverse                 
          devices with incompatible structural and operating                          
          characteristics, and different purposes.                                    
               The Examiner26 contends that it would have been obvious to a           
          person of ordinary skill in the art at the time the invention was           
          made to use a diamond film in the Ohta et al or Inada et al                 
          devices in order to achieve better speed response to temperature            
          since diamond film is well known for its higher thermal response            
          speed and good heat resistance.  Further, the Examiner states he            
          gave no weight to the limitation "a diamond film serving to be in           
          contact with the fluid."                                                    
               As regards to Ohta et al, the Examiner states27 "Pulse                 
          heating is common in the art where a pulse of current is provided           
          to the heating element to heat the fluid passing by and at the              
          downstream end a sensor sensing the temperature of the heated               
          fluid."                                                                     
               In regard to Appellants' argument that none of the                     

               26                                                                     
               26 Answer, page 6                                                      
               27 First Answer, page 7                                                
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