Appeal No. 97-1107 Page 6
Application No. 08/047,512
4. Ultra Micro Gas Cells - glass (Pyrex®) cell contoured to approximate the shape of a
condensed IR beam as the beam passes through the sampling section of the beam condenser. It is
beam conforming for minimum volume. It is unclear from the copy of Barnes submitted by appellant
whether the cell is cylindrical or rectangular in shape.
5. Econo-Gas Cells - cylindrical glass (Pyrex®) cells.
Both the rectangular Beam Conforming Cell and the Ultra Micro Cell are designed to conform
to the IR beam traversing the cell. In reference to the Ultra Micro Cell, Barnes teaches that this cell is
“contoured to approximate the shape of the condensed beam” (Barnes, page 7). We note that neither
appellant, in the brief, nor the examiner have indicated what shape beam is obtained by a beam
condenser such as the Barnes Model 128, the condenser for which the Ultra Micro Cell is specifically
designed. Page 7 of the Barnes catalog indicates that the Barnes Model 128 is described on page 19
of the catalog. However, page 19 has not been submitted by appellant. While it is not clear whether
the Ultra Micro Cell is circular in cross-section, it is Pyrex® glass like the cylindrical cells and not
aluminum like the rectangular cell. 1
1We note that appellant in the brief only discusses the cast aluminum Beam Conforming Cell
(Brief page 7). Appellant has not attempted to enlighten either the examiner or us as to the shape of the
Ultra Micro gas cell depicted in the poorly photocopied Barnes reference which he submitted. We
note that the examiner advised appellant in the office action of November 17, 1995 and again in the
final rejection of May 1, 1996 that he could not determine the shape of the Ultra Micro Cell due to the
poor quality of the reference copy. However, the examiner did not affirmatively request a better copy.
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