Ex Parte YAMAKAWA et al - Page 2




          Appeal No. 2002-2082                                                        
          Application No. 09/289,393                                 Page 2           


          from a reading of exemplary claim 5, which is reproduced as                 
          follows:                                                                    
               5. A thermo-sensitive flow rate sensor for measuring a flow            
          rate of a fluid, said thermo-sensitive flow rate sensor                     
          comprising:                                                                 
               a plate-like substrate having a central portion which is               
          removed so that a cavity is provided therein;                               
               a diaphragm portion formed by a thin layer disposed above              
          said cavity in such a manner as to be integral with said plate-             
          like substrate;                                                             
               a heating element formed by a thermo-sensitive electrically            
          resistant film disposed on said diaphragm portion;                          
               a temperature measuring element, spaced apart from said                
          diaphragm portion and formed on said plate-like substrate, for              
          detecting a temperature of said fluid to be measured; and                   
               a control circuit for controlling a heating current to be              
          supplied to said heating element so that a temperature of said              
          heating element is higher than a temperature of said fluid by a             
          predetermined number of degrees, thereby measuring a flow rate of           
          said fluid according to the heating current for said heating                
          element,                                                                    
               wherein a plurality of holes are provided in an outer                  
          peripheral portion of said diaphragm portion which is other than            
          a part located upstream of said heating element so as to                    
          penetrate said diaphragm portion.                                           
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Nagata et al.             5,291,781               Mar.  8, 1994             
          (Nagata)                                                                    
          Morimasa et al.           5,804,720               Sep.  8, 1998             
          (Morimasa)                                                                  







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