Ex Parte Schlosser et al - Page 5



            Appeal No. 2006-1166                                                                      
            Application No. 09/994,257                                                                

                  The appellants argue that only the thin-walled portions of                          
            Van der Pol’s tube (i.e., residual portions 6) vibrate and,                               
            therefore, Van der Pol does not disclose a flow tube that is made                         
            entirely of PTFE or PFA and vibrates along its length (brief,                             
            page 6).  The appellants’ claims do not require that the flow                             
            tube vibrates along its entire length, and although Van der Pol                           
            discloses that the vibration is measured in the relatively thin                           
            residual material area (col. 3, lines 1-3), Van der Pol does not                          
            disclose that the rest of the tube does not vibrate, or indicate                          
            that a tube that vibrates along its entire length cannot be made                          
            entirely of PTFE or PFA.                                                                  
                  Moreover, Van der Pol discloses a method for making a                               
            Coriolis flow meter comprising coupling to a housing (not shown                           
            in the figures) a flow tube (4) made of PTFE or PFA, affixing an                          
            oscillation generator (2) (which corresponds to the appellants’                           
            driver) to the flow tube, and coupling sensors (3) (which                                 
            correspond to the appellants’ pick-off means) to the flow tube                            
            (col. 3, line 65 - col. 4, line 33).  Van der Pol’s disclosure                            





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