Ex parte BROWN et al. - Page 14




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



               As we have pointed out above, Silvus and Minekane are                   
          directed to the problem of determining the amount of a                       
          component in a liquid.  In Silvus' disclosure the problem is                 
          to determine the amount of suspended oils in water.  In                      
          Minekane, the problem is directed to determine the amount of                 
          protein in a sample.  Neither reference is concerned with the                
          problem of identifying the specific hydrocarbons in water by                 
          obtaining an evanescent spectrum of the hydrocarbon.                         
          Therefore, we fail to find that the Examiner has shown that                  
          the prior art suggests the desirability of the modification as               
          proposed by the Examiner.                                                    
















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