Ex Parte INUSHIMA et al - Page 26



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

          subparagraph's recitation of "wherein said resistor is thermally            
          connected only with said diamond film, and said second surface is           
          in contact with the fluid." (emphasis added).  Nakahata et al               
          does not disclose this limitation.  Nakahata et al provides41               
          that resistor 12 is thermally connected not only with diamond               
          film 11, but also with electrodes 13 and leads 14, and at its               
          sides with the ambient environment, while, at most, being                   
          thermally insulated only on its top by protective film 15.                  
               Therefore, we do not affirm the rejection of claim 2.                  
               As to claim 3, the prior art applied by the Examiner is                
          devoid of disclosure of the claimed "diamond film supported by              
          said substrate, wherein said diamond film is thermally insulated            
          from said substrate" (emphasis added), and "said diamond film has           
          an exposed surface to the fluid to be monitored."  The Examiner             
          has not specifically addressed these claim limitations and has              
          failed to show which specific elements of the cited references he           
          has applied to this claim.                                                  
               Therefore, we do not affirm the rejection of claim 3.                  
               The Examiner's reliance upon the Kimoto et al reference as             
          an alternative disclosure of the claimed thermistor structure, is           

               41                                                                     
               41 See figure 1.  The remaining embodiments disclosed by               
          Nakahata et al are less relevant.                                           
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