Appeal No. 96-0760
Application No. 08/051,210
vapors of contaminants that are evacuated as a sample by the
application of suction. Moreover, we are convinced that it
would have been a matter of obviousness for one of ordinary
skill in the art to analyze the initial volatiles driven off
by Myers with the expectation that the presence of volatiles
derived from beverage residue would have to be taken into
account. We observe that appealed claim 1 is sufficiently
broad to encompass systems wherein the sample of vapors
subjected to analysis comprises both volatiles derived from
the beverage residue and volatiles derived from nitrogen-
containing and aromatic contaminants.
Appellants also contend that "the sampling in the Myers
system is not continuous or rapid . . ." (page 7 of principal
brief). However, as correctly pointed out by the examiner,
appellants' argument is not germane to the claimed subject
matter inasmuch as appealed claim 1 does notDecember 15, 1998m
as continuous or as having any specific speed of operation.
Regarding separately argued claim 3 which recites a first
filter for selectively passing radiation of about 205
nanometers into the cell, and a second filter for selectively
passing fluorescent radiation of about 320 nanometers from the
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