Ex parte MAGGARD et al. - Page 5




          Appeal No. 1996-1813                                                         
          Application No. 08/117,453                                                   
                    A.   sample supply means; upstream of                              
                    B.   sample temperature controller means; and                      
                    C.   degassing means; both upstream of                             
                    D.   analysis probe holder means containing a fiber                
                         optic probe adapted for post dispersive                       
                         transflectance measurement and operably                       
                         connected to an infrared spectrophotometer;                   
                    E.   prototype injection means for automatically                   
                         periodically injecting one of at least two                    
                         hydrocarbon mixtures of predetermined property                
                         into said system to provide a reference for                   
                         calibration of said system over a range;                      
                    F.   a plurality of sources of said hydrocarbon                    
                         mixtures of different predetermined property                  
                         operably connected to feed said prototype                     
                         injection means.                                              
          Rejections under 35 U.S.C. § 103                                             
               The Prior Art                                                           
                    The Maggard ‘785 patent                                            
               Maggard discloses a process for the determination of                    
          aromatic constituents in hydrocarbons by near infrared                       
          spectroscopy.  (Column 1, lines 17-19).  Aromatic and                        
          nonaromatic calibration standards are said to be derived from                
          a hydrocarbon which has been subject to high performance                     
          liquid chromatography. (Column 2, lines 52-57).  The                         
          concentration of aromatics in the sample is then determined by               
          measuring the absorbance of each of the two portions at the                  
          frequency being used.  (Column 2, lines 57-64).  The                         
          absorbance reading are subsequently used to derive the                       

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