Appeal No. 2004-1137
Application No. 09/734506
(col. 3, lines 49-53) that the combination of the refrigeration
produced by the refrigerator (70) and evacuation of the Dewar
(50) makes it possible to achieve a working temperature of less
than 73º K. inside the Dewar, in less than 15 minutes. In column
3, lines 59+, Longsworth refers to a prior filed U.S. Patent
Application (SN 956,312) for an explanation of how cooling the
sample bottle (10) in the manner set forth above creates a
partial vacuum within the bottle, thus permitting air from the
sampling location to be drawn through metering orifice valve (40)
into the sample bottle when desired. It is further noted that
because of the liquid nitrogen (51) surrounding the sample bottle
(10), the air sample taken is condensed inside the sample storage
bottle.
In the examiner's view, the sampler of Longsworth in fully
responsive to that defined in appellant's claim 1 on appeal and
is therefore anticipatory. More particularly, in the language of
claim 1 on appeal, the examiner has indicated (answer, pages 3-4)
that Longsworth teaches a sampler comprising, inter alia, a
vessel assembly of a predetermined volume, said vessel assembly
including a tubular intake vessel (conduit 32) and a sample
storage vessel (10); and a cooling assembly (internally of Dewar
88
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