Ex parte LACOUNT - Page 5




                Appeal No. 97-1107                                                                               Page 5                  
                Application No. 08/047,512                                                                                               

                separately patentable.  Appellant has not explained how the different limitations render the claimed                     

                subject matter unobvious over the combinations of prior art applied by the examiner.  See CFR §                          

                1.192(c)(7) and (c)(8)(1995).  The examiner groups claim 27 separately.  For purposes of this appeal,                    

                we limit our consideration of the issues raised by the rejections under 35 U.S.C. § 103, as they pertain                 

                to the groups of claims as set forth by the examiner.                                                                    



                Obviousness of Claims 10, 15-21, 23, 25, and 26                                                                          

                        In the first claim grouping, claim 26 is the broadest claim.  We focus on this claim for purposes                

                of discussion.  Claim 26 is rejected as obvious over Barnes in combination with Rossiter and optionally                  

                Lew.  As pointed out by the examiner in the rejection (Answer, page 4), Barnes teaches several                           

                different kinds of gas analysis cells.  All these cells have windows on opposite axial ends of the cell with             

                an inlet near one end and an outlet near the other end as required by claim 26.  However, the cells vary                 

                in body shape and wall material.  The different cell  types taught by Barnes include:                                    

                        1.  Standard Demountable Gas Cell - cylindrical glass (Pyrex®) cell.                                             

                        2.  Large Beam Demountable Gas Cell - similar to the standard demountable cell except it has                     

                a larger aperture for use with a spectrophotometer of small f-number.                                                    

                        3.  Beam Conforming Gas Cells - rectangular cast aluminum cells contoured to match the beam                      

                geometry of dispersive IR beams.                                                                                         










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