Ex parte NIX et al. - Page 5




          Appeal No. 1997-3142                                                        
          Application No. 08/323,660                                                  


          “extracting the gas sample from the liquid sample, measuring                
          the CO  concentration directly (which may be done by measuring              
                2                                                                     
          IR absorption), measuring the O  concentration directly,                    
                                         2                                            
          measuring the total pressure of the sample, [and] measuring                 
          the temperature of the sample.”  We agree with the examiner                 
          (Answer, page 4) that “[w]hat Seiden et al. lacks is the steps              
          (and corresponding means) of measuring the O  concentration by              
                                                      2                               
          measuring the quenching of the light emitted by a                           
          phosphorescent material (ie. employing a sample cell                        
          containing a phosphorescent material, transmitting primary                  
          light into the material, and measuring the amount of secondary              
          light emitted by the material as indicative of the                          
          concentration of O ), measuring the CO  concentration by IR2                  2                                     
          absorption in which the transmitted light is at a wavelength                
          of 2.7 microns, and having the IR radiation and emitted light               
          orthogonal to each other.”                                                  
               The examiner turns to Billetdeaux for a teaching of                    
          measuring CO  by infrared absorption.  Billetdeaux discloses                
                      2                                                               
          an “infrared absorption band of CO  that has a central                      
                                            2                                         
          wavelength of around 2.72 microns” (column 2, lines 2 through               
          4).  In Billetdeaux (Figure 3), infrared radiation from                     
                                          5                                           





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