Ex parte DRINKWINE et al. - Page 5




          Appeal No. 94-1098                                                          
          Application 07/712,581                                                      


               for vapor detection, however the method described in                   
               the reference can be altered to detect the vapor of [a]                
               chemical of interest since the reference teaches all                   
               the essential steps such as: a conduit containing a                    
               substrate that can hold the liquid sample to be                        
               analyzed, a heating means with a temperature control to                
               generate a concentration of vapor and a carrier gas to                 
               carry the stream of vapor to the detector.  Therefore,                 
               it would have been obvious to one of ordinary skill in                 
               the art to use the method taught by the reference for                  
               vapor detection of various chemicals by changing the                   
               substrate in accordance with the chemical and by                       
               controlling the temperature to generate a selected                     
               concentration of vapor. [answer, page 5]                               
               With respect to the step of controlling the temperature to             
          within approximately 0.1 EC, and the step of controlling the                
          carrier gas pressure, the examiner further contends that:                   
               it is clearly evident that the temperature in the                      
               process [of Stenger] can be controlled.  The range of                  
               the temperature selected depends on the chemical                       
               process that is being carried out; it is well within                   
               the knowledge of one in the art to set the temperature                 
               at a level that is appropriate for the chemical                        
               reaction being conducted and maintain the set point                    
               within as small a range of variability as possible.                    
               Stenger et al. also disclose on column 4[,] lines 52-55                
               a carrier gas flow control means consisting of a                       
               pressure regulator, a valve, a flow meter and a back                   
               flow check valve; it would, therefore, have been                       
               obvious that the flow rate of the carrier gas can be                   
               controlled. [answer, page 9]                                           

               As to the claim 25 requirement of controlling the                      
          temperature in the column to provide a saturation concentration             
          of vapor in the stream, the examiner contends that this step is             
          “is within the purview of one of ordinary skill in the art”                 

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