Ex Parte CHUBB et al - Page 5




          Appeal No. 2003-0730                                                        
          Application No. 09/323,650                                                  


          at column 2, lines 11-14, namely, "intensity of a given wave-               
          length radiated by a black-body is a function of the temperature,           
          and it is this temperature which also will determine the                    
          efficiency of selective line emitters."  However, the examiner              
          has not explained how, if the efficiency of a selective line                
          emitter is dependent upon the temperature, one of ordinary skill            
          in the art would have reasonably expected that a selective line             
          emitter would have sufficient efficiency over a range of                    
          temperatures such that it can function in an optical temperature            
          sensor.  We note that Rose also teaches that "the intensity at a            
          particular wavelength is exponential in temperature which should            
          result in a strong temperature dependence for line emission"                
          (column 2, lines 18 and 19).  Rose further discloses that "[a]t             
          short wavelengths, in the ultraviolet region of their spectrum,             
          these rare oxides tend to have high emissivity, but these modes             
          are only excited efficiently at extremely high temperature"                 
          (column 2, lines 25-28).  Rose even further discloses that                  
          "[s]ince the efficiency of various emitters varies with                     
          temperature, it follows that the nature of the structure-forming            
          fiber may depend on the particular rare earth metal compound in             
          the composite and the temperature at which the composite is                 
          contemplated to be used" (column 7, lines 58-62).  As urged by              


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