Appeal No. 1999-0602
Application 08/469,393
10 GHz." The claimed bandwidth is generally achieved according to the overall structure
of the specification as filed as taught in many places. However, the only location in the
-14
specification as filed relating to the magnetic field sensitivity being about 3 x 10 T is as
set forth in the first paragraph of page 12 of the specification as filed. The prototype
discussed there has been presented as a modified version of the disclosed invention in
Figure 4 such that it does not include the flux focuser large area coil 408 of Figure 4, but
only a fractional turn coil. This modification is not consistent with the disclosed invention.
Furthermore, only a low-frequency signal source was said to be used as the excitation for
the test sensor claimed which is not consistent with the claimed bandwidth being from DC
to 10 GHz. Thus, the derivation of the magnetic field sensitivity of claim 15 (and for that
matter, claims 12-14 as well) is strongly questioned.
The examiner’s views as to these rejections is bottomed upon his view that the
structure claimed is not only met by Yokozawa, the claimed sensitivity value is inherently
there as well. We first agree because the examiner has provided to us evidence that all
the claimed structure was present in Yokozawa. We also agree since appellant has only
presented a functional distinction which has a very weak basis in the specification as filed
for its justification. Appellant’s argument at the top of page 6 of the brief, for example,
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