Appeal No. 1996-1877
Application No. 08/149,716
soil samples using static headspace analysis, where each soil
sample is disposed in
a closed vial from the time of collection until sampling and
where the closed vial is agitated using Tekmar’s “Optimix”
feature while being heated. Mr. O’Neil observes (page 553 of
Exhibit Q) that the “Optimix” form of agitation allows the
sample to tumble in the vial “so analytes more easily reach
the gas/liquid interface, which is required for an extraction
to occur,” and resulted in (page 554) a reduction in sample
equilibration time from 1.5 hours without vial agitation to 1
hour with appellants’ sample mixing feature.
While we are in agreement with the examiner that it would
have been prima facie obvious to one of ordinary skill in the
art at the time the invention was made to add an agitating
step to the method and apparatus of Chlosta so as to gain the
advantages thereof noted by the various references relied upon
by the examiner (i.e., Fujitsuka and Natelson or Yamano;
Greaves and Natelson or Yamano; or Harris and Natelson or
Yamano), in route to an ultimate determination of obviousness
under 35 U.S.C.
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