Appeal No. 1996-3262
Application No. 08/141,632
Miura et al are noted to disclose fluid measuring apparatus using
semiconductor devices as heating and sensing elements, and the
sensing elements are temperature sensing diodes. Olmstead is
specifically noted to teach electrical elements formed on
semiconductor chips and thermally coupled to the fluid.
The Examiner then reiterates that the structure of the
invention as set forth in claims 1-3 is taught by Kimoto et al
and Nakahata et al and its intended use is taught by Miura et al,
Cole, and Olmstead.
The Examiner then states, without citing any evidentiary
basis, that diamond film deposited directly on high temperature
materials leads to improved monitoring and more accurate readings
which are known to be important in research, such as petroleum
and chemical fields. He then submits that diamond film
semiconductor diodes have been used as thermal sensors besides
use as a thermistor and that the use of a semiconductor diode as
a fluid sensing device is well known in the art where a diode is
used as either a heating element or a sensing element. He then
finds that it would have been obvious to a skilled artisan at the
time the invention was made to use the diamond film semiconductor
diode as taught by Kimoto et al or Nakahata et al for sensing the
flow in Miura et al, Cole or Olmstead since, as known, diamond
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