Appeal No. 1997-1073
Application No. 08/218,540
positions. Therefore, the question for anticipation is
whether or not Banu discloses a third position through which
fluid flows from the container into said vessel.
The examiner relies on valve 3 in Banu for the third
position. Turning to the reference, we find that all
discussion in Banu about receiving water into the container
refers only to the two ends of the container. For example,
Banu discloses in column 2, lines 13-17, "two end portions
with openings for receiving a water sample, two end plugs for
closing the openings, and means for closing the end plugs by
remote action so as to entrap a water sample in the
substantially rigid body." On the other hand, Banu discloses
in column 2, lines 37-39, "valve means disposed in the lower
collar means for selectively purging water sample from the
sealed container." The same language is recited in claim 4 of
Banu. Also, Banu, in column 4, lines 4-5, refers
to valve 3 as being a "sample dispensing valve". In other
words, the valve in Banu's device is for removing the fluid
from the vessel and the container, not for permitting fluid to
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