Ex Parte Xu et al - Page 3




          Appeal No. 2003-1920                                                        
          Application No. 09/538,455                                                  


               one or more membrane or cartridge filters connected to said            
          and located proximate the sample point and between said sample              
          point location and said stream switching portion.                           

                                      PRIOR ART                                       
               The examiner relies on the following prior art references:             
          Upchurch                      4,846,218           Jul. 11, 1989             
          Higdon et al. (Higdon)        6,102,068           Aug. 15, 2000             
                                                  (Filed Sept. 23, 1997)              
                                                                                     
                                     REJECTION                                        
               Claims 1 through 12, 20, 21 and 23 through 30 stand rejected           
          under 35 U.S.C. § 102(e) as anticipated by the disclosure of                
          Higdon.  Claims 13 through 17 stand rejected under 35 U.S.C.                
          § 103 as unpatentable over the combined disclosures of Higdon and           
          Upchurch.                                                                   
                                                                                     
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          prior art, including all of the arguments advanced by both the              
          examiner and the appellants in support of their respective                  
          positions.  As a consequence of this review, we have made the               
          determinations which follow.                                                




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