Appeal No. 96-3395 Page 15
Application No. 08/347,900
atmosphere of overflow sample.” In short, it recites an
overflow line connecting the receiving container to a filter.
Spencer teaches a vent passageway 14 that vents excess
sample fluids from the sample bottle 9 to a vent line opening
16 attached to a vent line 11. Vent line 11 leads to a
closed waste container. Col. 3, ll. 45-50. More
specifically, the container can be a filter. Col. 5, l. 44.
Therefore, we find that the references would have suggested
the elements of claim 2.
Regarding claim 3, the appellant states that the claim
“describes an apparatus in which the first syringe delivers a
purge gas flow through a purge gas control valve cooperating
with a purge gas flow line.” (Appeal Br. at 13.) He alleges,
“[t]hat simply is not shown in Spencer and is not really shown
in the secondary references ....” (Id.)
Giving claim 3 its broadest reasonable interpretation, we
find that claimed invention does not define over the
references. As aforementioned regarding claim 1, Sanford and
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