Ex parte SCHULTZ - Page 8




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

          Column 6, lines 61-65, states:  "whereby its content of water               
          is displaced up through the liquid line 32 and further on from              
          this via the water/air sluice 7 to the instrument and control               
          unit 9 . . . ."                                                             
               Appellant argues that "a structure capable of making a                 
          fluid connection between a rotating drill and a stationary                  
          analyzer is not disclosed in [Sorensen] because it would be                 
          unnecessary to the operation of Sorensen's device" (Br6-7).                 
          For example, because Sorensen discloses sending samples to the              
          surface in cycles at short intervals (col. 7, lines 18-23), it              
          does not teach or suggest the need for continuous monitoring.               
          Appellant argues that there is no evidence that the samples                 
          are (or are capable of being) pumped up while the drill is                  
          rotating (Br7):  "While Sorensen does say that this sampling                
          may be done 'without interrupting the drilling process,' it is              
          clear from this statement that he means the drill string does               
          not need to be disassembled or removed from the well."                      
          Appellant argues (Br8) that the Examiner erred in finding that              
          Sorensen disclosed continuous drawing up of vapor while the                 
          rig is rotating and compounded the error by the circular                    



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