Appeal No. 1996-3262
Application No. 08/141,632
misplaced. This reference fails to disclose limitations recited
in each of claims 1-3. For example, when applied to claim 1, if
the resistor 3 of Kimoto et al is read to be on the diamond
film's 2 first surface, as required by the second subparagraph of
this claim, then the second surface of Kimoto et al's diamond
film 2 is not "in contact with the fluid" as required by the
third subparagraph of this claim. As to claim 2, when the
resistor 3 is on the first surface of the diamond film 2, the
second surface of the diamond film of Kimoto et al would not be
in contact with the fluid, but with the diamond substrate 1. As
regards to claim 3, the diamond film 2 of Kimoto et al is not
"thermally insulated from the substrate" as claimed, and fails to
show the claim requirement of "an exposed surface to the fluid to
be monitored."
Therefore, contrary to the Examiner's assertion42, Kimoto
et al does not disclose the claimed thermistor structure. Cole,
Olmstead and Miura et al are not directed to diamond diodes or
thermistors and do not teach any of the diamond thermistor
structure of claims 1-3.
Consequently, the Examiner has failed to set forth prior art
42
42 Supplemental Examiner's Answer mailed December 26, 1996,
at page 1
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