Ex parte SCHULTZ - Page 7




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

               The real question is whether Sorensen teaches or suggests              
          a swivel joint that permits continuous monitoring while the                 
          drill is rotating.  The Examiner finds that "Sorensen also                  
          either inherently uses or at least suggests the use of a                    
          swivel connection" (EA5).  The Examiner relies on column 7,                 
          lines 20+, for the suggestion that the device extracts samples              
          while the drill bit is rotating and sends them to the                       
          instrument and control unit while the drill bit is rotating.                
          Column 7, lines 18-23, state:  "When the pressure in air line               
          31 is relieved, a new pore gas/liquid sample penetrates into                
          the sample chamber 18 and its extension 20, following which                 
          the working cycle described above is repeated, and, as will be              
          appreciated, this may take place at short intervals and                     
          without interrupting the drilling process . . . ."  The                     
          Examiner also states (FR5-6) that Sorensen strongly suggests a              
          swivel connection at column 6, lines 17-19 and 61-65.                       
          Column 6, lines 17-21, discloses:  "The sample chamber                      
          extension 20 is connected with the surface of the ground via                
          an air line 31 and a liquid line 32, respectively, which are                
          connected via the water/air sluice 7 and the pipe or hose                   
          connections 10 with the instrument and control unit 9."                     

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