Ex parte ACHTER et al. - Page 6




          Appeal No. 96-0760                                                          
          Application No. 08/051,210                                                  


          inter alia, nitrogen-containing and aromatic volatile                       
          contaminants, Bruening evidences that it was known in the art               
          to employ the claimed chemiluminescence analysis to detect                  
          nitrogen-containing contaminants, and Thomas discloses the use              
          of appellants' means for fluorescent analysis to determine the              
          presence of aromatic hydrocarbon contaminants.  Consequently,               
          we are persuaded that one of ordinary skill in the art would                
          have found it obvious to employ the known detection systems of              
          Bruening and Thomas to test separate sample streams for the                 
          presence of nitrogen-containing compounds and aromatic                      
          hydrocarbon compounds, respectively, in one combined system.                
          We note that appellants have not presented any objective                    
          evidence which establishes that the claimed system, comprising              
          a combination of known analytical systems, produces any                     
          unexpected result.                                                          
               Appellants set forth the following argument at page 6 of               
          the principal brief:                                                        
               The Examiner also takes the position that a second                     
               sample cloud egresses from the container sidewalls                     
               and the bottom thereof and that this egression of                      
               volatiles is caused by the original injection of                       
               fluid which purged the beverage volatiles from the                     
               container.  It is respectfully submitted that this                     
               is a distorted interpretation of the operation of                      
               the Myers method and apparatus.  It is simply                          
                                         -6-                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007