Appeal No. 95-4369
Application 08/117,242
73 requires the inductively coupled plasma source to be remotely
located from the associated detector. Unlike the other
independent claims 45, 64 and 81, claim 73 further requires the
step of "collecting the sample in a filter mounted in the probe."
Brewer, Jr. was relied on by the examiner only to show the
use of a filter to collect the sample material (answer at page 7,
lines 10-11 and 14-15). As applied by the examiner, Brewer, Jr.
does not make up for the deficiencies of Jowitt and Bowen with
regard to remotely locating the plasma source from the associated
detector. Accordingly, the rejection of claims 73 and 83 over
Jowitt, Bowen and Brewer, Jr. cannot be sustained.
The rejection of claim 74 under 35 U.S.C. § 103 as
being unpatentable over Jowitt, Bowen, Brewer, Jr. and Griffin
Claim 74 depends from claim 73 which has been rejected over
only Jowitt, Bowen and Brewer, Jr. The appellants argue that the
addition of Griffin does not overcome the deficiencies of Jowitt
and Bowen with respect to the features of independent claim 73.
We disagree.
With respect to remotely locating the inductively coupled
plasma source from the associated detector, we have already, in
the context of claims 46, 48, 52, 54, 56, 65, 67, 71-72 and 81,
discussed above how Griffin makes up for the deficiencies of
Jowitt and Bowen. We have also discussed, in the context of
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