Ex parte D'SILVA et al. - Page 8




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

               The appellants further argue that in Jowitt, the inductively           
          coupled plasma source is not remotely located from the detector             
          as is specifically required by all of claims 45, 64, 73 and 81.             
          It is not altogether clear what the claim term "remotely located"           
          means.  The specification does not particularly define it.  No              
          minimum distance is specified, either for defining remoteness or            
          a boundary of contamination.  The claims also do not specify a              
          functional requirement for the remoteness of the location.  The             
          specification discloses merely that the emissions from the                  
          inductively coupled plasma source is not directly observed by the           
          spectrometer, but through a lens 36 which focuses the emissions             
          37 into an optical fiber 38 for transmission.  Accordingly, we              
          interpret "remotely located" as it applies to the placement of              
          the plasma source relative to the detector to mean an arrangement           
          wherein the emissions from the plasma source is not directly                
          viewed by the detector but through a transmission medium such as            
          an optical fiber link.                                                      
               Given the meaning accorded the term "remotely located" as              
          defined above, the appellants are correct that Jowitt and Bowen             
          do not disclose or suggest remotely locating an inductively                 
          coupled plasma source from its associated detector.                         



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