Appeal No. 1998-1364
Application 08/722,384
first location. The expansion and contraction of the surface
of diaphragm 16 in Huck due to temperature is considered to
produce a membrane stress, which is converted in the sensors
to a sense signal.
It appears that Huck establishes a prima facie case of
anticipation. We now consider Appellants' arguments.
Appellants arguments are based on the disclosed pressure
transducer rather than the broad language of claim 1. The
"physical condition" in claim 1 does not have to be a
condition that produces bending in the sensing structure, as
assumed in Appellants' arguments (Br5), but could be a
physical condition such as temperature. It is clear from
claim 14 that Appellants knew how to claim that the physical
condition produces bending, but elected not to include such
limitation in claim 1.
Appellants argue that "[m]embrane stress is a particular
type of stress that results from the sensing structure's
stretching in response to the applied physical condition"
(Br6) and that membrane stress is not present in the inactive
area 34 of Huck because the inactive area 34 is not deformed
by applied pressure (Br6). We find the expansion and
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