Appeal No. 1997-4397
Application 08/395,698
in-ground vapors while the drill is rotating. The claimed
subject matter permits continuously extracting vapor samples
and sending them to the surface while the drill is rotating
due to (1) the continuous passage between the end of the auger
plug body and the outlet port of the swivel assembly, and (2)
the swivel assembly which allows fluid communication between
the rotating drill string and the stationary vapor analyzer.
It is noted that claim 1 recites two pieces of a vapor
monitoring device: (1) a swivel assembly; and (2) an auger
plug. These two pieces are recited to be "for use with a
drilling rig including a hollow stem auger and drill rod"
(emphasis added) (claim 1 preamble) and the auger and drill
rod are not positively recited in the claim body. Thus,
claim 1 is not directed to the entire apparatus shown in
Figure 1; compare this to claim 8 which recites an auger
connected to the drill rod. Neither claim 1 nor claim 8
recites that the swivel assembly and auger plug are connected
to a hollow drill rod 8 as shown in Figure 1.
We first look at the Examiner's interpretation of the
term "continuously." The Examiner states that "Sorensen
prefers 'continuous' drawing of fluid to the surface in the
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