Appeal No. 1998-1364
Application 08/722,384
transducer[s] disposed at this region[] (element[s] 26, 28, 30
and 36)" (FR2). The Examiner states for the first time in the
Examiner's Answer that "these claims do not support any
limitation to show that the membrane is stressed due to an
external physical force[;] it is clear that [the membrane] can
be stressed due to temperature variations which is indeed a
physical condition, as in the case of Huck et al." (EA5).
It is clear that the Examiner finds the claims
anticipated because they are so broad they read on Huck in an
unintended manner, rather than finding that Huck teaches the
disclosed pressure sensor structure. We agree with the
Examiner.
Claim 1 recites "a sensing structure having a first
location with substantially zero bending in response to a
physical condition." The "physical condition" is not defined
to be a force, such as a pressure. The term "sensing
structure" is defined (specification, p. 7, lines 27-30): "A
sensing structure is defined as the portion of a sensor which
produces a stress in response to a physical condition." The
term "sensor" is discussed as follows (specification, p. 1,
lines 9-16):
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