Appeal No. 2006-0661
Application No. 10/358,027
the art, or, in some cases the nature of the problem to be solved.” In re Huston
308 F.3d 1267, 1278, 64 USPQ2d 1801, 1810 (Fed. Cir. 2002, citing In re
Kotzab 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000). We
agree with the examiner’s findings that Colvin suggests mounting the sensors,
data collection circuit and power supply in a portable self-contained housing to
facilitate placement of sensors in a chamber. As the examiner identifies, on page
5 of the answer, Ichida does not provide many details on how the sensors are
mounted. In the embodiment shown in Ichida’s figure 5, H202 vapor sensor, item
71, and temperature sensor, item 73, are shown inside the chamber and the
arithmetic unit outside the chamber. Figure 5 is shown in block diagram format,
and does not show physical arrangements of other features of the system. Thus,
given, Ichida’s lack of disclosure of a physical arrangement of the sensors and
data collection circuit, we find that one of skill in the art would have looked to the
housings for other sterilizers such as Colvin’s.
Additionally we note that, Ichida discusses in column 17, that the invention
can be applied to sterilization of facilities such as sick rooms, movie theaters,
transportation means, etc., “wherein the facilities themselves serving as the
treatment vessel.” See column 17, lines 59 through column 18, line 2. Thus, we
consider that one using Ichida’s sterilization system in facilities, who’s primary
purpose is not as a sterilization chamber i.e. movie theater, transportation
means, would look to a way to make the monitoring device portable to reduce the
modification to the facilities.
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