Ex Parte HSU - Page 7




          Appeal No. 2001-0379                                                        
          Application No. 09/141,891                                 Page 7           


          pump is in fluid communication with the inlet of said chamber               
          enabling a gas mixture to flow therethrough at a speed of not               
          less than 5 meter/second,” as recited in claim 1.  In addition,             
          although we find that Cox teaches the use of a temperature sensor           
          in an apparatus for monitoring and controlling  the composition             
          of potentially flammable gas mixtures (col. 1, lines 10-12, and             
          col. 4, lines 5-11) we find that Cox does not teach sensing a               
          temperature rise of at least 10/C because switch 90 of Cox is               
          calibrated to close on a sensed temperature rise of 300/F (col.             
          4, lines 36-38)1.  Thus, we find that neither Kern nor Cox                  
          discloses (a) an air pump having an inlet connected to the outlet           
          of the chamber; (b) the air pump enabling a gas mixture to flow             
          therethrough at a speed of not less than 5 meter/second, and (c)            
          a temperature sensor that senses a temperature rise of at least             
          10/C, all as recited in claim 1.                                            
               Beginning with (a), we find no suggestion in Kern or Cox for           
          providing an air pump at the outlet of the chamber.  Although Cox           
          discloses pump assembly 18 for propelling a gas sample stream               
          through the flammable gas tester (col. 2, lines 66-68), we find             
          no suggestion of providing an air pump to be connected to the               
          outlet of the chamber.  We find the examiner's rationale (answer,           

               1 We interpret "at least 10/C" to mean a range of 10/C and greater.    






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