Appeal No. 2001-0379
Application No. 09/141,891 Page 9
monitor the continued operation of the system with regard to a
cessation of the sample flow stream due to plugging of the
conduit 90 (col. 4, lines 41-45). We are not persuaded by the
examiner's assertion (answer, page 4) that "[g]iven the teachings
of Kern and Cox, to arrive at any particular desirable flow rate
would be a matter of routine experimentation to arrive at an
optimized flow rate." From our analysis of the teachings of Kern
and Cox, supra, we find the examiner's reasoning to be
speculation, unsupported by any evidence in the record.
With respect to (c), we do not agree with the examiner's
assertion (answer, page 4) that in Cox, ignition is detected by a
temperature sensor which detects temperature increases "up to
300/C." We find that Cox discloses (col. 4, lines 36-38) that
the temperature switch 90 closes on a sensed temperature rise to
300/F, and that when the temperature in the combustion chamber
and the temperature switch 90 drop to below 300/F, after a
suitable time delay, the switch 90 opens (col. 8, lines 53-57).
From the disclosure of Cox, we find that the switch 90 closes
when the temperature rises to 300/F, and does not detect
temperature increases up to 300/F, as asserted by the examiner.
In any event, we find no suggestion in either Kern or Cox that
would have suggested sensing a temperature rise of at least
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