Ex Parte SCARINGE et al - Page 5




              Appeal No. 1997-4234                                                                                           
              Application No. 08/423,211                                                                                     


              sample of refrigerant R134a for contamination by refrigerant R-12 using apparatus 310                          
              and an indicating tube having a bromophenol blue indicating medium, the test operator                          
              first breaks the ends off indicator tube 322 and inserts the tube into indicator chamber                       
              331."  (Emphasis added). (Column 6, lines 44-51).  Thus, both ends of the transparent                          
              tube holding the acid detecting medium are open as required by claim 30.                                       
                      The Condit test device of Figure 3 has been adapted to permit refrigerant to flow                      
              through the test assemble or tube through a connector (312) from a valve on the                                
              refrigeration system, such as a Schrader valve.  The refrigerant flows through the                             
              system, including an indicator chamber 331 which has an indicator tube wherein the                             
              refrigerant flows across the colorimetric indicating medium 333 contained therein.                             
              Condit further explains that "[t]he wall of [the] indicator chamber 331 is made of a                           
              transparent material such as plastic. Indicator tube 332 is made of transparent glass or                       
              plastic." (col. 6, lines 18-22).  Indicating medium 333 is therefore visible through                           
              chamber 331 and tube 332.  This disclosed embodiment would reasonably appear to                                
              correspond to the kit of claim 30 which comprises 1) a hollow transparent member                               
              having a opening at upstream and downstream ends with 2) means held only within the                            
              member for passing a gaseous refrigerant sample from a refrigerant system over at                              


              least one outer surface.  The test chamber of Condit, in both cases, is a transparent or                       
              glass or plastic tube which has an opening at each end which permits the refrigerant to                        

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