Ex parte SCHULTZ - Page 2




          Appeal No. 1997-4397                                                        
          Application 08/395,698                                                      

               This is a decision on appeal under 35 U.S.C. § 134 from                
          the final rejection of claims 1-13.                                         
               We reverse.                                                            
                                     BACKGROUND                                       
               The invention is directed to an in-ground vapor                        
          monitoring device and method.                                               
               Claim 1 is reproduced below.2                                          
                    1.  An in-ground vapor monitoring device for use                  
               with a drilling rig including a hollow stem auger and                  
               drill rod, said vapor monitoring device including:                     
                    a swivel assembly including:                                      
                         a swivel body having a central passageway formed             
               therethrough;                                                          
                         an outlet port formed in said swivel body and                
               opening onto the surface thereof for connection to a                   
               vapor analyzer; and                                                    
                         a first outlet channel formed in said swivel                 
               body and connecting said outlet port and said central                  
               swivel passage for fluid communication therebetween; and               
                    an auger plug insertable into an end of said auger                
               and including:                                                         
                         an auger plug body having a central auger                    
               passage formed therethrough;                                           

            Appellant may wish to change the word "unto" in the2                                                                      
          "inlet port" limitation to "onto" to be consistent.  The                    
          amendment filed July 6, 1996, (Paper No. 5) changed the first               
          occurrence of "unto" to "onto," but not the second.                         
                                        - 2 -                                         





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