Ex parte MAGGARD et al. - Page 13




          Appeal No. 1996-1813                                                        
          Application No. 08/117,453                                                  
          Spectrophotometric analysis of large number of samples is                   
          performed more efficiently by the use of the automated fluid                
          injection device. (Column 1, lines 57-63).  It would have been              
          obvious to one of ordinary skill in the art who performs                    
          spectrophotometric analysis on a large number of samples to                 
          incorporate an automatic injection device in the process of                 
          Maggard ‘785 in order to obtain an efficient operation.  The                
          measurement for aromatic content performed in Maggard ‘785 on               
          the two reference samples would provide calibration of the                  
          spectrophotometer “over a range” as required by claim 1.                    
               Applicants argue that the vibrating element of Dawes,                  
          used to degas a stationary liquid which is open to the                      
          atmosphere, would be useless to replace the debubbler recited               
          in claim 8.  (Brief, paragraph bridging pages 18-19).  First,               
          we note claim 8 does not recite a “debubbler”.  To the extent               
          that applicants assert that Dawes does not suggest the                      
          desirability of degassing a liquid prior to spectrophotometric              
          analysis, we do not agree.  Dawes discloses that the degassing              
          of liquids is desirable prior to chemical analysis.  (Column                
          2, lines 33-40).  The appearance of bubbles in samples                      
          subjected to spectrophotometric analysis could effect the IR                
          reading produced.  Thus, one of ordinary skill in the art                   
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