Appeal No. 2005-2404
Application No. 10/119,283
element (14) that penetrates into a pipe (12) and has
forward (30B) and downstream (30C) facing pitot tubes that
connect to a sensor body (22) of a transmitter (10) (col. 4,
lines 4-13).
The examiner argues (answer, pages 6-7):
Wiklund discloses a flow measurement apparatus
comprising a pitot tube type of fluid flow meter having
a body that includes upstream and downstream facing
surfaces 30B, 30C for the purpose of measuring pressure
across a fixed restriction in a pipe (column 3,
line 35 - column 4, line 3). Kleven ‘297 and Wiklund
are both from the same field of endeavor, the purpose
disclosed by Wiklund would have been recognized in the
pertinent art of Kleven ‘297. Therefore, at the time
the invention was made, it would have been obvious to
one of ordinary skill in the art to include in
Kleven ‘297, the teachings of Wiklund, for the purpose
of measuring pressure proximate a fixed restriction in
a pipe.
Perhaps, because the devices of both Kleven ‘297 and Wiklund
are flow measurement devices, those references would have fairly
suggested, to one of ordinary skill in the art, using the devices
together to measure flow. The examiner, however, has not
explained how those references would have fairly suggested, to
one of ordinary skill in the art, the appellants’ pitot tube type
flow meter having upstream and downstream facing surfaces carried
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