Appeal No. 1997-1669
Application No. 08/185,649
initial basis of the instant rejection. The examiner notes
that Stone does not teach a spring loaded wiper plate
associated with the needle. Jentzsch is relied on by the
examiner to teach such a spring loaded wiper plate in a
headspace gas analysis chromatograph. The examiner concluded
that it would have been obvious to one of ordinary skill in
the art at the time the invention was made to incorporate the
spring loaded housing of Jentzsch into the Stone device for
its known benefits of covering the needle during periods that
a sample is not being taken and pushing the needle out of the
sample vial after removal of the sample.
As set forth above, we are in agreement with appellants
(brief, pages 8-13) that the combined teachings of Stone,
Otson, Chlosta ‘733, Smith, Lorch, Fujitsuka and Natelson or
Yamano simply fail to disclose or suggest any suggestion to
heat the racks while on the carousel of Stone or heating the
carousel that carries the racks; nor any suggestion of using a
rod for inserting or removing the vials from chambers while
the racks are on the carousel of Stone absent the use of
appellants’ own disclosure in the instant application. The
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