Ex parte PETERSON - Page 11




          Appeal No. 96-3395                                        Page 11           
          Application No. 08/347,900                                                  


          references.   The claim specifies “a sample taking apparatus”               
          comprising three elements.  We address the first element                    
          separately and the second and third elements collectively.                  


               The first element is “a sample collection apparatus                    
          having a valve having an element movable between two positions              
          wherein the valve has three ports, and two of the three ports               
          provide a completed passage through said valve and valve                    
          element so that a sample from a sample source introduced to                 
          said apparatus is delivered through said apparatus for                      
          delivery to a sample receiving container ....”  In short, it                
          recites a two-position, three-port valve, one position of                   
          which connects flow from a sample source to a receiving                     
          container.                                                                  


               Spencer discloses sample collection apparatuses that                   
          receive  samples from a flowing fluid line, such as a process               
          line.  Col. 1, ll. 19-21.  One of the apparatuses employs a                 
          three-way valve 57. Col 5, ll. 38-39.  Figure 6 depicts three               
          ports of the valve.  The first port is connected to a                       
          discharge line 47; the second port, to a return line 49; and                







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Last modified: November 3, 2007