Appeal No. 2004-2159
Application No. 09/819,943
to consist of the same longitudinally temperature responsive
material as that of Figure 5" (page 7 of Answer, second
paragraph), it necessarily follows that the intermediate sensors
of Petersen have the requisite vertical dimension that is
sufficiently large that the temperature signal will vary in
proportion to the longitudinal portion of the sensor coupled to
the liquid. Appellants have presented no argument, let alone
evidence, which establishes that the vertical dimensions of
Petersen's intermediate sensors are not sufficiently large to
function like the claimed intermediate sensors.
Appellants further maintain that "claim 11 is not
anticipated because Petersen does not disclose the limitation of
claim 11 reciting that the upper and lower sensors 'generate
respective electrical signals each defining a temperature signal"
and that the processor 'use said temperature signals to calculate
the elevation'" (page 11 of principal brief, second paragraph).
However, we agree with the examiner that:
[S]ince each resistor [of Petersen] is comprised of
temperature-sensitive material, and each resistor
produces a signal responsive to the temperature of the
resistor (which changes due to thermal coupling with
different liquid levels), the resistors clearly
generate respective electrical signals each defining
the temperature of the resistor. Each of the plural,
discrete temperature signals is summed by a measurement
circuit acting as a processor to calculate the
elevation of the liquid (column 4 lines 13-14).
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