Ex parte HUTCHINS et al. - Page 8




            Appeal No. 96-1808                                                                           
            Application 08/204,119                                                                       


            established that the Schneider ‘716 rinsing nozzles are                                      
            capable of performing the function of appellants’ fill means,                                
            or that the applied references would have led one of ordinary                                
            skill in the art to modify the Schneider ‘716 apparatus such                                 
            that the rinsing nozzles would have that capability.                                         
                  Moreover, the claims require that the sampling means is                                
            capable of withdrawing a sample from the vessel in situ, and                                 
            that the wash means is capable of introducing a cleaning                                     
            liquid into the vessel in situ.  We give the term “in situ”                                  
            its broadest reasonable interpretation consistent with                                       
            appellants’ specification.  See In re Zletz, 893 F.d. 319,                                   
            321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710                                 
            F.d. 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983); In re                                   
            Herz, 537 F.d. 549, 551, 190 USPQ 461, 463 (CCPA 1976); In re                                
            Okuzawa, 537 F.d. 545, 548, 190 USPQ 464, 466 (CCPA 1976).  In                               
            doing so, we find that the term means that both the sampling                                 
            and washing take place when the vessel is fixed in place on a                                
            rack base and the control head is mounted in place above it                                  
            (specification, page 7, lines 15-25).  Thus, the term excludes                               
            sampling while the vessel is in one position below the                                       


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