Appeal No. 96-3395 Page 23
Application No. 08/347,900
Step e of claim 8 recites “after filling the container
with sample, then (3) flowing purge fluid into said
container.” Similarly, step d of claim 18 recites “after
filling a container to a specified volume of the sample, then
delivering a second predetermined volume of a purge gas to
said outlet to purge sample from the outlet so that any
following tests are free of remnants of sample.” Interpreting
the claims in light of the specification, (Spec. at 8), they
specify partially filling the container with a sample to leave
a dead space above the sample and filling the remaining dead
space with purge gas.
We appreciate the examiner’s conclusion that, in the
references, purge gas will follow the sample through the
conduits and into any space remaining above the sample in the
sample container. He neglected, however, to identify any
teaching or suggestion of only partially filling a container
with a sample to leave a dead space above the sample.
For the foregoing reasons, the examiner failed to show
that Spencer, Sanford, Morabito, and Seiden teach or would
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