Appeal No. 1997-4397
Application 08/395,698
sense that the taking up of fluid step is part of a
continuously repeated series of steps" (FR3, emphasis omitted)
and that "clearly, the steadily repeated pumping action of the
Sorensen device is 'continuous', even if it is not steady"
(EA5). We disagree. "Continuous" means "uninterrupted," not
periodic.
It is clear that Sorensen does not operate continuously.
Sorensen discloses a two-step process of analyzing samples.
First, a sample is drawn into and analyzed in a sample chamber
18 which is detachably mounted in the drill string during
drilling, and which contains a plurality of electrical probes
28 for in situ analysis and transmission of the results to an
instrument and control unit 9 on the surface. Second, the
samples themselves are pumped up to the ground surface for a
second analysis. Sorensen discloses that this process may
take place at short intervals (col. 2, lines 49-50; col. 7,
line 21), indicating that there is not a continuous flow of
sample.
However, the Examiner makes the argument that "the use of
the word 'may' [in the "wherein" clause of claim 1] allows the
claimed limitation to be met by any device which IS CAPABLE OF
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