Ex Parte Gilbert et al - Page 3



         Appeal No. 2006-2629                                                    
         Application No. 09/887,066                                              

         properties at the source (col. 4, lines 39-52).  The drilling mud       
         is collected and delivered to a degassing device (23) through,          
         respectively, flexible tubes 28 and 22, the compositions of which       
         are not disclosed (col. 5, lines 47-55).                                
              Cheney discloses a dual layer hose that has a fluoropolymer        
         inner layer and is useful as a fuel line or a vapor recovery line       
         in a motor vehicle (col. 1, lines 9-11).  The preferred                 
         fluoropolymer is made of vinylidene fluoride, hexafluoropropene         
         and tetrafluoroethylene (col. 5, lines 49-52).  Cheney teaches          
         that it is important that fuel and vapor return lines be                
         essentially impervious to permeation of hydrocarbons (col. 1,           
         lines 25-28).                                                           
              The examiner argues that “[i]t would have been obvious to          
         one having an ordinary skill in the art at the time of the              
         invention to modify Issenmann to include the elongated fuel and         
         vapor tube of Cheney because of the increased retention time of         
         the hydrocarbons in the tubing during the transporting to the           
         analyzer or the measurement means and to limit retention of trace       
         hydrocarbons so that the samples can be analyzed in there [sic]         
         purest form when transported from the degassing apparatus”              
         (answer, page 5).  For a disclosure of limiting retention time of       
         hydrocarbons the examiner relies upon Cheney’s column 1, lines          
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