Appeal No. 1996-1877
Application No. 08/149,716
needle (34) to the vial (36) to withdraw at least a portion of
the volatile sample from the headspace of the vial. The
examiner acknowledges that Chlosta does not teach agitating
the vial while in the platen chamber as is required in
appellants’ claims 24-28, 34, 36 and 38 on appeal. The
examiner alternatively relies on Natelson or Yamano to teach
agitating heated sample containers during preparation of
materials within the vials for gas chromatographic analysis.
The examiner further relies on Fujitsuka to teach an agitating
structure associated with a rotatable turntable and wherein
said agitating structure allows a sample (11) to be dissolved
in a liquid to prepare a sample for analysis in a liquid
chromatograph. The examiner conclude from the collective
teachings of the applied references that it would have been
obvious to one of ordinary skill in the art at the time the
invention was made to incorporate an agitation step during
heating as taught by Natelson or Yamano, while also using the
motion of Fujitsuka, into the method of Chlosta to facilitate
thorough mixing of the sample during preparation thereof.
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