Ex parte HUBBELL - Page 10







              Appeal No. 1999-0602                                                                                        
              Application 08/469,393                                                                                      



                     As a final matter with respect to claim 15, we note the claim is recited in such a                   
              manner as to state that each transducing device of the plurality recited broadly to exist in                
              some kind of an array is said to provide the claimed magnetic field sensitivity.  Again, this               
              is not supported by the discussion at the top of page 12 of the specification as filed                      
                                                                                            -14                           
              because the recited value for the magnetic field sensitivity of about 3 x 10 T is an attribute              
              that is characteristic of the 100 - element SQUID sensor there and not of any individual                    
              SQUID element per se within the array.  Claim 15 does not properly recite that the alleged                  
              magnetic field sensitivity is a property of the array as a whole.                                           
                     Appellant’s alleged sensitivity is in part due greatly to the fact that the various                  
              SQUIDs are serially connected into a planar array or a linear array.  Yokozawa clearly                      
              teaches and shows these features.  The measure that appellant uses is apparently based                      
              upon a consideration of only one SQUID as compared to a plurality in various forms and                      
              various arrays as the basis for the enhanced sensitivity values.  To round out our                          
              consideration of this issue, we agree with the examiner’s statement at page 5 of the                        
              answer that "[t]here are no characteristics recited of the claimed array which would                        
              intrinsically provide the claimed sensitivity and bandwidth, and thus distinguish over                      
              Yokozawa."                                                                                                  


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