Appeal No. 1997-4397
Application 08/395,698
an inlet port formed in an operational end of
said auger plug body and opening unto the surface
thereof;
an inlet channel formed in said auger plug body
for connecting said inlet port and said central auger
passage for fluid communication therebetween; and
a vapor filter disposed in said inlet channel
proximate said inlet port, wherein the in-ground vapors
may be continuously drawn up through said inlet port and
into said vapor monitoring device.
The Examiner relies on the following prior art
references:
Johnston et al. (Johnston) 2,153,254 April 4, 1939
Sorensen 5,337,838 August 16, 1994
Claims 1-13 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Sorensen and Johnston.
We refer to the Final Rejection (Paper No. 6) (pages
referred to as "FR__") and the Examiner's Answer (Paper
No. 12) (pages referred to as "EA__") for a statement of the
Examiner's position and to the Appeal Brief (Paper No. 11)
(pages referred to as "Br__") for Appellant's arguments
thereagainst.
OPINION
The obviousness issue is whether the combination of
Sorensen and Johnston suggests continuously monitoring
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