Ex Parte MUSTONEN et al - Page 2




          Appeal No. 1998-2395                                                        
          Application No. 08/657,979                                                  


          chamber extending into said process line and in communication               
          with said process line, piston means reciprocable within said               
          chamber, a sample container contiguous with and in communication            
          with said chamber, said sample container having a fixed volume,             
          said piston means having a first position within said chamber and           
          in said process line whereby said piston means blocks                       
          communication with said sample container and isolates said sample           
          container from said process line, and a second position wherein             
          said piston means is retracted to allow communication between               
          said process line and said sample container through said chamber.           
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Green                         2,598,535           May  27, 1952             
          Skállen et al. (Skállen)      4,635,470           Jan. 13, 1987             
               Claims 1 through 8 and 10 through 12 stand rejected under              
          35 U.S.C. § 103 as being unpatentable over Green in view of                 
          Skállen.                                                                    
               Reference is made to the Examiner's Answer (Paper No. 11,              
          mailed January 16, 1998) for the examiner's complete reasoning in           
          support of the rejection, and to appellants' Brief (Paper No. 10,           
          filed October 17, 1997) for appellants' arguments thereagainst.             
                                       OPINION                                        
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellants and the examiner.  As a consequence of our review, we            
          will reverse the obviousness rejection of claims 1 through 8 and            
          10 through 12.                                                              



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