Ex Parte HSU - Page 6




          Appeal No. 2001-0379                                                        
          Application No. 09/141,891                                 Page 6           


          apparatus to suit particular design requirements.  The examiner             
          additionally asserts (id.) that it would be a matter of routine             
          experimentation to arrive at any particular flow rate.                      
               Appellant asserts (brief, page 8) that Cox does not teach an           
          air pump that has an inlet connected to an outlet of a combustion           
          chamber, and does not teach flowing a combustible gas through the           
          chamber at a speed not less than 5 meter/second.  It is further             
          argued (brief, page 11) that neither reference teaches sensing a            
          temperature rise of at least 10/C by a temperature sensor when              
          the flammable gas is ignited.  Appellant further asserts (brief,            
          page 12) that “the high flow speed of at least 5 meter/second of            
          the gas mixture into a reaction chamber is what enables the                 
          present invention method to detect flammable gas in a very rapid            
          manner.  Such criticality of the present invention has been                 
          clearly shown by the Appellant and is clearly not a matter of               
          routine experimentation to arrive at.”                                      
               We observe at the outset that appellant does not argue the             
          combinability of the references, but rather argues that the                 
          combined teachings of Kern and Cox would not result in the                  
          claimed invention.  From our review of Kern and Cox, we find that           
          neither reference teaches “an air pump having an inlet connected            
          to the outlet of said chamber such that said inlet of the air               







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