Appeal No. 1996-1813
Application No. 08/117,453
Harte et al. teach the injection of a plurality of
breath alcohol calibration standards having
different concentrations wherein the calibration
standards are generated from liquid solutions (see
column 12, lines 8-17). It would have been obvious
to one of ordinary skill in the art to analogously
provide a plurality of liquid hydrocarbon
calibration standards in order to enable the same
calibration capability with respect to the disclosed
measurement of hydrocarbons (Column 12, lines 31-
34).
Examiner’s Answer, paragraph bridging pages 4 and 5.
We do not agree with the examiner’s position. First, the
portion of Harte relied upon by the examiner refers to
determining if the Lambert-Beer Law applies to alcohol vapors
over the range of 0.005% to 0.5%. (Harte, column 12, lines
12-14). This disclosure does not suggest that calibration of
the spectrophotometer requires the use of at least two liquid
hydrocarbon reference standards. Second, the Harte invention
involves the analysis of gaseous vapors. (See Harte, column
12 lines 29-35). The present invention is directed to the on
stream analysis of liquid formulations, e.g. gasoline, where
the liquid formulation is tested to determine various
properties such as the octane content. According to the
applicants, the advantages of multiple point calibration
allows for certainty that the spectrophotometer is correctly
calibrated. (Appeal Brief, page 3, lines 6-17). The examiner
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