Ex parte D'SILVA et al. - Page 12




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

          substantially isolating said sampling chamber and the material              
          from the outside environment during sampling."  The examiner                
          asserts (answer at 12, lines 8-11) that Griffin in column 10,               
          lines 25-28, and column 11, lines 19-24, teaches such                       
          substantially isolating sealing means.  We disagree.                        
               The portions of Griffin in column 10 referred to by the                
          examiner define a semi-permeable membrane which admits analyte              
          into the plasma cell implemented as a quartz capillary tube 63.             
          The portions of Griffin in column 11 referred to by the examiner            
          define a course screen and a semi-permeable membrane to provide             
          mechanical protection while allowing ambient air to enter the               
          apparatus for chemical monitoring.  These structural elements do            
          not serve to substantially isolate the sampling chamber or the              
          material to be sampled from the outside environment.  Rather,               
          they are a part of the sampling process and the sampling of                 
          materials is done through these elements.  The ambient air also             
          passes through these elements.                                              
               Claims 67 recites a similar isolating feature in method                
          form.  For the above-discussed reasons, we do not sustain the               
          rejection of claims 52 and 67 as being unpatentable over Jowitt,            
          Bowen and Griffin.                                                          



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