Appeal No. 97-1595
Application No. 08/209,786
positions for receiving sample vials, a cover for the chamber
which has an aperture aligned with each of the vial positions,
an air channeling device through each aperture to provide air
into each of the vials, and a vacuum circuit for communicating
a source of vacuum to the chamber. In Friswell, each tube has
its own cover; in Bowser the tubes share a common cover, but
there is no “chamber” containing a plurality of tubes, and
there is no vacuum line in addition to the individual air
channeling devices. This being the case, there is no basis by
which it can be concluded that suggestion exists for
combining the references in such a fashion as to yield the
structure recited in claims 1 and 8.
Also, Friswell relies upon the creation of a helical
pattern in the pressurized gas inflow to evaporate the
solvents, and there is no evidence to support the conclusion
that replacing the pressurized gas injected through the inlet
with a vacuum suction on the outlet would result in the device
operating in the manner intended. This, in our view, would
have operated as a disincentive to one of ordinary skill in
the art to modify Friswell in the manner proposed by the
examiner.
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