Appeal 2007-0615
Application 10/204,304
INTRODUCTION
Appellant claims an optical sensor for measuring oxygen in a medium
(claim 1). The optical sensor has a fluoridated silicone polymer in which an
organometallic complex is embedded (Specification 1 and 2). Appellant
indicates that the fluoridated silicone polymer stabilizes the dye (i.e., the
organometallic complex) to reduce photobleaching and thermal degradation
of the optical sensor (Specification 4-6).
Claim 1 is illustrative:
1. An optical sensor for measuring oxygen in a medium, provided
with a substrate in which an organometallic complex is embedded,
characterized in that the substrate consists of a fluoridated silicone polymer.
The Examiner relies on the following prior art references as evidence
of unpatentability:
Macur US 3,839,178 Oct. 1, 1974
Jolson US 5,338,429 Aug. 16, 1994
Joseph R. Lakowicz, Principles of Fluorescence Spectroscopy, 2nd Ed.,
536-538, (1999).
The rejection as presented by the Examiner is as follows:
1. Claims 1 and 2 are rejected under 35 U.S.C. § 103(a) as obvious over
Lakowicz in view of Jolson or Macur.
Rather than reiterate the respective positions advocated by the
Appellant and by the Examiner concerning this rejection, we refer to the
Brief and the Reply Brief, and to the Answer respectively for a complete
exposition thereof.
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