Appeal No. 1996-1877
Application No. 08/149,716
with Varian Chromatograph Systems which sells the instant
invention under the name “Genesis”, and Gregory G. O’Neil, an
employee of Tekmar Company since March 1990, provide evidence
of secondary consideration bearing on the ultimate
determination of obviousness under 35 U.S.C. § 103. Donald W.
Harris indicates that U.S. Patent application 07/969,415
(parent of the instant application) describes a static
headspace sampler constructed in the manner of the Tekmar
7000/7050 Headspace Autosampler introduced in March 1990. We
agree with the appellants that the Exhibits A, B, and C, which
Mr. Harris assures were published in March 1990, disclose the
claimed invention. Mr. Harris points out (page 3) that
Exhibits A and B show test results that indicate that the
Tekmar Headspace Autosampler shows a reduction to reach
equilibrium time of the sample from 60 minutes to under 10
minutes. Mr. Harris further declares (declaration, pages 4-6)
that other manufactures of headspace autosamplers (i.e.,
Perkin Elmer, Hewlett Packard, CTC Analytics and Shimadzu
Scientific Instruments, Inc.) did not include a method of
preparing the sample vial having agitation of the vials during
heating of the sample vials while in the platen chambers as
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