Appeal No. 1997-1734
Application No. 08/215,259
collection containers such as the autosampler vials which are
typically used in gas and liquid chromatographs (column 11,
lines 19-25) and that an automated apparatus can be provided
for placing the extraction containers in the extraction
chamber, removing the extraction containers from the chamber,
and replacing the extraction containers in a queue/storage
area (column 12, lines 35-39).
As pointed out by the appellants, Frank does not
specifically describe the nature of the sample vessels
(“thimbles”), collection system, or programming system. In
particular, Frank does not teach the claim elements of
openable sample containers having a fluid inlet passageway and
a fluid outlet passageway (appealed claim 7) and a sealable
sample container having a first flow port and a second flow
port (appealed claim 29). In response to the appellants
argument that these claims elements are not disclosed in the
prior art, the examiner refers to Frank’s teaching of “high
pressure seals” between the extraction chamber and the vessel
containing the sample (examiner’s answer, page 4). However,
the examiner has not explained on this record how the presence
of the “high pressure seals” satisfies the claim elements in
11
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