Ex Parte Zeller - Page 10



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

                    Kelvin, we note that Longsworth clearly indicates (col. 3, lines                                                                                      
                    43-53) that subsequent to supplying the liquid nitrogen, the                                                                                          
                    combined effects of the cooling steps used therein achieves "a                                                                                        
                    working temperature of less than 73º K. inside the Dewar, in less                                                                                     
                    than 15 minuets."  From this, we conclude that the mean or                                                                                            
                    average temperature within the Dewar (50) just prior to sampling                                                                                      
                    will be a working temperature of about 73º K. or slightly less                                                                                        
                    and that the liquid nitrogen bath surrounding the submerged                                                                                           
                    sample storage bottle (10) will likewise be at or near 73º                                                                                            
                    Kelvin.  Moreover, even if the temperature of the liquid nitrogen                                                                                     
                    bath (51) is somewhat higher than the approximately 73º K.                                                                                            
                    working temperature within Dewar (50), since the sample storage                                                                                       
                    bottle (10) is entirely submerged in the liquid nitrogen,                                                                                             
                    whatever temperature the liquid nitrogen bath is at will be the                                                                                       
                    storage temperature of the sample within the storage bottle (10).                                                                                     
                    Thus, the liquid cryogen (51) in Longsworth's sampler defines a                                                                                       
                    "first cooling volume" that is "operable to cool the fluid sample                                                                                     
                    to the storage temperature," exactly as set forth in appellant's                                                                                      
                    claim 1 on appeal.                                                                                                                                    

                    In the reply brief filed October 17, 2003 (Paper No. 29),                                                                                             
                    appellant has raised a second line of argument with regard to                                                                                         
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