Appeal No. 2002-2082
Application No. 09/289,393 Page 6
in doing so." The examiner adds that Morimasa teaches formation
of slits at various positions surrounding the heating element,
and (answer, page 4) that to provide holes at various locations
would have been obvious in view of the slits of Nagata and
Morimasa.
Appellants assert (brief, page 7) that “the location and
pattern of the holes in the diaphragm is not merely a matter of
design choice but rather is a critical feature of Applicant’s
invention which produces a significant changes in the performance
of the flow sensor device of the present invention as compared
with conventional devices. In particular, the present invention
is directed to preventing the measured flow rate of the fluid
from being affected by the accumulation of dust contained in the
fluid on the end portions of the walls of holes.”
Appellants asserts (answer, page 8) that in Nagata and
Morimasa, the slits or holes are provided both upstream and
downstream of the heating element. Appellants argue (brief, page
10) that the examiner's assertion “‘[f]ormation of slits at
various positions surrounding the heating element is ... a matter
of design choice since no criticality is mentioned in doing so’
is without merit."
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