Appeal No. 95-4369
Application 08/117,242
The rejection of claims 53 and 70
under 35 U.S.C. § 103 over Jowitt, Bowen and Kim
Claim 53 depends ultimately from claim 45. Claim 70 depends
from claim 64. Both claims 45 and 64 were rejected only over
Jowitt and Bowen. The examiner relied on Kim only to show the
use of thermally resistant probes (answer at 12, lines 17-20).
The appellants are correct that Kim as applied by the examiner
does not cure the inadequacies of Jowitt and Bowen insofar as the
features of the parent claims are concerned. Accordingly, the
rejection of claims 53 and 70 cannot be sustained.
The rejection of claim 57 under 35 U.S.C. § 103
as being unpatentable over Jowitt, Bowen and Brewer, Jr.
Claim 57 depends from claim 45 which was rejected over
Jowitt and Bowen. The examiner applied Brewer, Jr. only to show
that filters have been used to collect samples (answer at 13,
lines 7-9). The appellants are correct that Brewer, Jr. as
applied by the examiner does not cure the inadequacies of Jowitt
and Bowen insofar as the features of the parent claims are
concerned. Accordingly, the rejection of claim 57 cannot be
sustained.
The rejection of claims 73 and 83 under 35 U.S.C. § 103
as being unpatentable over Jowitt, Bowen and Brewer, Jr.
Claim 73 is an independent claim and claim 83 depends from
claim 73. Like all other independent claims 45, 64 and 81, claim
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