Ex parte KRONE-SCHMIDT - Page 7

          Appeal No. 95-0339                                                          
          Application 07/881,941                                                      

          is applicable to liquids, gases and mixtures thereof (col. 4,               
          lines 6-8), would have had a reasonable expectation that the                
          method would be applicable to a supercritical fluid.                        
               Regarding appellant’s claim requirement of a means or step             
          for maintaining the pressure in the measurement zone at or below            
          that required to convert the sample stream into a gas while the             
          contaminants remain in non-gaseous form and are deposited on an             
          attenuated total reflectance plate, the examiner argues that “as            
          Pujado et al discloses separating the contaminant from the                  
          supercritical fluid carrier by pressure release, one would have             
          found it obvious to obtain the contaminant in the manner taught             
          by Pujado et al., thereby isolating the contaminant from the                
          fluid” (answer, page 5).                                                    
               We do not find this argument to be convincing because the              
          examiner has provided no explanation, and it is not apparent                
          to us, why Pujado’s teaching of removing contaminants from an               
          aqueous stream by dissolving them into a supercritical solvent              
          and then removing the contaminants from the solvent at sub-                 
          critical conditions, would have motivated one of ordinary skill             
          in the art to separate the contaminants from a supercritical                
          fluid when detecting contaminants in a sample of that fluid by              


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