Appeal No. 2005-0086
Application No. 09/969,265
While there may be a correlation between current and voltage
by Ohm’s Law, the fact remains that it is the voltage, not the
current, which is actually measured in Kato I. The examiner has
not met the burden of explaining how Kato I can be taken as
teaching that current, rather than voltage, be measured.
We note that Kato II discloses use of an ammeter to measure
current as the basis for determining gas concentration (col. 13,
ll. 31-2; col. 16, ll. 6-9; Fig. 2). However, since the issue
before us is one of anticipation, we find no need to consider any
issue of obviousness with regard to claims 1-10 and 12-16.
The rejection of claim 11 under 35 U.S.C. § 103 also is
reversed since Joshi fails to remedy the deficiency of the
primary reference, Kato I, which has been discussed, supra.
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