Appeal 2006-3201
Application 10/689,951
“coupled to the overflow passage”. Sillat’s manometer P3 is
operatively coupled to overflow line 10.3
The appellants argue that Sillat’s line 10 is not a fluid
flow passage for distribution of cryogenic fluid (brief,
page 8). The appellants’ claim 1 requires a sensor coupled to
the overflow passage, not to the fluid flow passage. There is
no requirement in that claim that Sillat’s line 10 be a fluid
flow passage for distribution of cryogenic fluid.
For the above reasons we are not convinced of reversible
error in the examiner’s rejection of claims 1 and 6-11.
Claims 13 and 14
Claim 13, which depends from claim 11, requires a sensor
that is coupled to an overflow passage and has 1) an active
component configured for determining if cryogenic liquid is
present in the overflow passage, 2) a sensor body configured to
define a fluid flow path through the sensor body, and 3) a
recess opening into the fluid flow path.
The examiner does not point out where Sillat discloses a
sensor having a recess opening into a fluid flow path. Thus,
the examiner has not established a prima facie case of
3 Moreover, Sillat’s manometer P3 and controller K, in
combination, are operatively coupled as an active component to
line 10 (figure 1).
5
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Last modified: September 9, 2013