Ex parte D'SILVA et al. - Page 5




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

          ablated by the laser beam is located, an inductively coupled                
          plasma source remotely located from the site of ablation, and a             
          detector receiving the output emission from the plasma source,              
          which detector is remotely located from the plasma source.  In              
          short, both the laser and the plasma source have to be located              
          remote from where the material sample is ablated, and the                   
          detector receiving emissions from the plasma source is remotely             
          located from the plasma source.  According to the appellants and            
          the specification, this arrangement minimizes contamination of              
          persons and equipment by the material being ablated and analyzed.           
          The rejection of claims 45, 49-51, 55,                                      
          64, 66, 68-69 and 84 over Jowitt and Bowen                                  
               Jowitt discloses a material gathering and analyzing method             
          using a laser to ablate the material and a remotely located                 
          inductively coupled plasma source to analyze the material.                  
          According to the examiner, the only difference between Jowitt’s             
          system and the system of the rejected claims is that Jowitt’s               
          laser is not remotely located from the site of ablation of the              
          materials (answer at 3).  The examiner relied on Bowen to show              
          that a laser can be remotely located from where the laser beam is           
          applied in a device for analyzing contaminants (answer at 3-4).             
               The appellants argue that the laser used in the claimed                
          invention is a high energy laser for ablating the material to be            

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