Appeal No. 2003-0730
Application No. 09/323,650
a detector communicating with said filter, said detector
detecting said emitted energy as a measure of said
temperature.
The examiner relies upon the following references in the
rejection of the appealed claims:
Stone 4,523,315 Jun. 11, 1985
Dils 4,576,486 Mar. 18, 1986
Readhead 4,625,389 Dec. 02, 1986
Tregay 4,794,619 Dec. 27, 1988
Rose et al. (Rose) 5,447,786 Sep. 05, 1995
Milstein et al. (Milstein) 5,601,661 Feb. 11, 1997
Appellants' claimed invention is directed to an optical
temperature sensor comprising, inter alia, an emitter having a
selective energy emission band. According to appellants, "the
emitter emits energy within the emission band in response to the
temperature of the emitter 12" (page 2 of Brief, fifth
paragraph).
Appealed claims 1, 10, 13, 16 and 17 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Dils. The claims on
appeal stand rejected under 35 U.S.C. § 103 as follows:
(a) claims 2, 3 and 6 over Dils in view of Rose;
(b) claims 4, 5 and 7-9 over Dils in view of Milstein;
(c) claim 11 over Dils in view of Stone;
(d) claim 12 over Dils in view of Tregay; and
(e) claims 14 and 15 over Dils in view of Readhead.
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