Ex parte DRINKWINE et al. - Page 8



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


                including temperature and carrier flow rate, must be identical,                                                               
                or at least within the operational levels, used in developing the                                                             
                standard curves so that the comparison is independent of these                                                                
                variables.                                                                                                                    
                         In our view, calibrating Stenger’s analyzer in this way                                                              
                would not result in the claimed method.  Independent claim 1 is                                                               
                directed to a method of generating a stream containing a                                                                      
                preselected concentration of vapor of a chemical comprising the                                                               
                steps of, inter alia, providing said chemical on a substrate in a                                                             
                column, controlling temperature in the column to provide a                                                                    
                concentration of said vapor, and passing a carrier gas through                                                                
                the column to mix with the vapor and form the steam containing                                                                
                the preselected concentration of vapor.  Independent claim 25                                                                 
                contains similar language.  Consistent with appellants’                                                                       
                disclosure,  we interpret this claim language as requiring the5                                                                                                          
                vapor of the claims to be a gaseous or vapor phase of the very                                                                


                         5See, for example, page 5, lines 7-11, of the specification                                                          
                wherein it is stated that “The vapor generator 10 includes a                                                                  
                plurality of porous glass beads 12, coated with a liquid or solid                                                             
                chemical substance, which may be volatilized to produce the                                                                   
                desired vapor.”  Also see page 11, lines 18-22, of the                                                                        
                specification wherein it is stated that “It has been found that                                                               
                maintaining the transfer line within the range of approximately                                                               
                100 to 150EC provides satisfactory results when the vapor mixture                                                             
                comprises nitrogen and TNT vapors.”                                                                                           
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