Appeal No. 2002-1191
Application No. 09/101,175
covering layer. After the gas inlet opening is covered, a porous cover is applied over the gas
inlet opening so that the porous cover completely covers the gas inlet opening. According to
the specification, page 6, the protective layer (23) simultaneously serves as the protective
covering (24) for the gas inlet opening (11) of the gas inlet duct (10). The porous protective
layer (23) is formed by sintering a paste (44). To prevent the paste (44) from penetrating the
gas inlet duct (10) a thin sheet layer (43) is applied over the gas inlet opening (11). During
the sintering process the thin sheet layer (43) burns away without leaving a residue or is
transformed into a thin porous protective membrane layer. (Specification, p. 7). Thus, an
electrochemical sensor that excludes a porous protective membrane layer would meet the
subject matter of claim 44. This interpretation of the claim language is consistent with the
requirement that the claims of the application are given the broadest reasonable
interpretation consistent with the specification as they would be construed by one of
ordinary skill in the art. See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed.
Cir. 1983).
Appellants agree with the Examiner that the distinction between the electrochemical
sensor of Makino and the claimed invention is the protective membrane layer over the
porous cover that covers the gas inlet opening. (Reply Brief, p. 3). As stated above, an
electrochemical sensor that excludes a porous protective membrane layer would meet the
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