Appeal No. 2003-1391
Application No. 09/165,772
Basile, col. 2, ll. 9-25; col. 2, ll. 48-52; and col. 3, ll. 25-
39).
Fourth, appellants argue that Basile is not directed to a
system that depends on temperature changes (Brief, pages 6-7).
Appellants further argue that Basile compares calculated and
measured pressure values at a common point in time to detect
leakage, in contrast to appellants’ invention which compares a
temperature-compensated vapor pressure to a vapor pressure measured
at a different point in time (Brief, page 7). This argument is not
well taken for the reasons stated on page 5 of the Answer, namely
that Basile recognizes that the temperature varies and measures
vapor pressure at different points in time. See col. 1, l. 65-col.
2, l. 9, where Basile teaches that one must be able to determine
whether a rise in pressure occurs because of a rise in temperature
or due to a leak. Basile plots the computed pressures “on a time
scale” to act as a standard against the plotted actual sensed
pressure, thus determining by comparison whether a leak has
occurred (col. 3, ll. 25-28, italics added). Basile recognizes
that the temperature varies but it is a parameter common to the
calculated standard and the actual pressure (col. 3, ll. 29-39).
Accordingly, Basile measures pressures at different points in time
at varying temperatures, to compare the actual sensed pressure
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