Ex Parte Zeller - Page 2



                    Appeal No. 2004-1137                                                                                                                                  
                    Application No. 09/734506                                                                                                                             

                    Appellant's invention relates to a sampler and method of                                                                                              
                    dispensing and cooling a fluid sample taken thereby, which sample                                                                                     
                    is said to be used to monitor chemobiological conditions of the                                                                                       
                    fluid.  On page 2 of the specification, appellant notes that the                                                                                      
                    change in the chemobiological condition of a fluid sample per                                                                                         
                    unit time is commonly referred to as the "activity" of the fluid                                                                                      
                    and that such activity is temperature dependent, i.e., increases                                                                                      
                    with increasing fluid temperature.  It is further noted that the                                                                                      
                    quality of monitoring is determined, inter alia, by how closely                                                                                       
                    the chemobiological condition of the fluid sample at the time of                                                                                      
                    testing or examination corresponds to the chemobiological                                                                                             
                    condition of the fluid at the sampling instant.  Thus, if the                                                                                         
                    fluid sample taken is to represent the chemobiological condition                                                                                      
                    of the fluid sample existing at the sampling instant as precisely                                                                                     
                    as possible, the activity of the fluid sample, averaged over the                                                                                      
                    time period between sampling and examination must be minimized.                                                                                       
                    It is to this end that appellant's invention is directed.  As                                                                                         
                    stated on page 4 of the specification, an object of the invention                                                                                     
                    is to provide a sampler and method for dispensing and cooling a                                                                                       
                    fluid sample whereby the cooling time, and thus the activity of                                                                                       
                    the fluid sample, can be reduced.  On page 8 of the                                                                                                   
                    specification, it is noted that                                                                                                                       
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