Ex Parte Zeller - Page 3



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

                              [a] basic idea of the method according to the invention                                                                                     
                              is to reduce the activity of the withdrawn fluid, and                                                                                       
                              thus of the fluid sample, already during the dispensing                                                                                     
                              process and to reach a required minimum of the activity                                                                                     
                              in the shortest possible time.  This is achieved in the                                                                                     
                              invention by cooling a fluid-conducting volume of the                                                                                       
                              vessel assembly prior to the dispensing process by                                                                                          
                              means of a suitable cooling assembly.  This coolable                                                                                        
                              volume may extend over the total internal volume of the                                                                                     
                              vessel assembly, so that the cooling of the fluid                                                                                           
                              begins immediately upon its entry into the vessel                                                                                           
                              assembly, or comprise only part of the total internal                                                                                       
                              volume.                                                                                                                                     
                    Independent claims 1, 17 and 24 are representative of the                                                                                             
                    subject matter on appeal, and a copy of those claims, as                                                                                              
                    reproduced from the Appendix to appellant's brief, is attached to                                                                                     
                    this decision.1                                                                                                                                       
                                                                                                                                                                         
                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the claims before us on appeal are:                                                                                             
                    Gillard et al. (Gillard)                                   2,348,806                               May  16, 1944                                      

                              1 In claim 1, line 8, there is no clear and proper                                                                                          
                    antecedent basis for "the vessel."  For purposes of appeal, we                                                                                        
                    will assume that appellant intends to refer to "the vessel                                                                                            
                    assembly" earlier recited in the claim.  Claim 17, line 14                                                                                            
                    contains several minor typographical errors.  Lines 14-15 of                                                                                          
                    claim 17 should read as follows: --lowering the internal                                                                                              
                    temperature of the vessel assembly by means of the cooling                                                                                            
                    assembly . . .--.  Correction of these minor errors during any                                                                                        
                    further prosecution of the application before the examiner is                                                                                         
                    required.                                                                                                                                             
                                                                                    33                                                                                    




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