Ex parte BROWN et al. - Page 8




          Appeal No. 1997-3930                                                         
          Application 08/394,596                                                       



          we find that the scope of Appellants' claim 1 requires a                     
          spectrometer to provide an evanescent spectrum of the                        
          hydrocarbon sample.                                                          
               Turning to Silvus, we find that Silvus does not teach a                 
          spectrometer and thus, does not meet the limitation as recited               
          in Appellants' claim 1 of a means to obtain an evanescent                    
          spectrum of the hydrocarbon sample.  In col. 2, lines 40-68,                 
          Silvus discloses that the object of the invention is to                      
          provide an instrument to determine the amount of suspended                   
          oils in water.  Thus, Silvus is not concerned with determining               
          what type of petroleum is in a sample.  In particular, Silvus                
          teaches an inexpensive, reliable, easily operated and                        
          maintained instrument which detects the concentration of oils                
          suspended in water by using a photodiode that translates the                 
          amount of light transmitted through the water into an                        
          electrical signal.  The voltage of the photodiode is                         
          proportional to the amount of suspended oils in the water.                   
               Turning to Minekane, we find that Minekane is also                      
          concerned with measuring the concentration of a particular                   
          component in a sample.  In particular, Minekane is interested                

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