Ex Parte Zeller - Page 9



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

                    50, including the liquid cryogen 51, the refrigerator 70, and the                                                                                     
                    gaseous cryogen located above the surface of the liquid cryogen)                                                                                      
                    thermally coupled to the vessel assembly, the cooling assembly                                                                                        
                    including a first cooling volume (the lower portion of Dewar 50                                                                                       
                    housing the liquid cryogen 51 and the sample bottle 10) operable                                                                                      
                    to cool the fluid sample to the storage temperature, and a second                                                                                     
                    cooling volume (upper portion of Dewar 50 which contains the                                                                                          
                    gaseous cryogen, refrigerator 70, and conduit 32) operable to                                                                                         
                    cool the withdrawn fluid in the conduit to a temperature below                                                                                        
                    the sampling temperature; wherein at least the storage vessel                                                                                         
                    (10) is disposed in the first cooling volume, and wherein the                                                                                         
                    vessel assembly is disposed in said second cooling volume at                                                                                          
                    least in sections (i.e., conduit 32, which constitutes a section                                                                                      
                    of the "vessel assembly" in Longsworth's sampler, is disposed in                                                                                      
                    the second cooling volume).                                                                                                                           

                    Appellant contends (brief, page 12) that Longsworth's liquid                                                                                          
                    cryogen (51) does not "cool the fluid sample to the storage                                                                                           
                    temperature" as required in claim 1 on appeal, and thus does not                                                                                      
                    satisfy claim 1's "first cooling volume."  We do not agree.                                                                                           
                    While it is true that the liquid cryogen initially introduced                                                                                         
                    into the Dewar (50) cools the sample storage vessel (10) to 77º                                                                                       
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