Ex parte D'SILVA et al. - Page 4




          Appeal No. 95-4369                                                          
          Application 08/117,242                                                      

                    d) exciting the sample in the plasma source to provide            
               an emission characteristic of the elemental constituents of            
               the sample.                                                            
               73. A method for sampling and analyzing a material located             
               at a hazardous site, the material having a surface and                 
               elemental constituents, comprising the steps of:                       
                    a) positioning a portable sampling probe proximate the            
               surface of the material at the hazardous site;                         
                    b) directing laser radiation from a laser source                  
               located remote from the probe onto the surface of the                  
               material through an optical fiber, the optical fiber having            
               two ends, a first end coupled to said laser source and a               
               second end mounted to the portable probe, the laser                    
               radiation ablating a sample of the material;                           
                    c) collecting the sample in a filter mounted in the               
               probe;                                                                 
                    d) exciting the sample collected on said filter in an             
               inductively coupled plasma source located remotely from the            
               material to provide a characteristic emission of the                   
               elemental constituents of the sample; and                              
                    e) applying said emission to an elemental constituent             
               detector located remote from the inductively coupled plasma            
               source.                                                                
                                       Opinion                                        
               Our opinion is based solely on the arguments raised by the             
          appellants in their brief.  We do not address and offer no                  
          opinion on arguments which could have been raised but were not              
          set forth in the brief.                                                     
               The invention of claims 45, 64, 73 and 81 requires a laser             
          remotely located from the location where the material being                 


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