Appeal No. 2004-1137
Application No. 09/734506
The examiner has further determined that positioning cooling
coils around Singer's sample storage vessel (36) would provide a
"first cooling volume" defined by the internal volume/area of the
cooling coils that contains the storage vessel, and a "second
cooling volume" defined by the volume both outside of and above
the cooling coils and within the sample chamber (13) that
contains the tube or intake vessel (33). In the examiner's view,
such cooling coils, positioned in Singer in generally the same
manner as shown in Gillard, would have a cooling effect upon both
the sample storage vessel (36) and the tubular intake vessel (33)
positioned within sample chamber (13) of Singer's liquid sewage
sampler.
Appellant contends that the examiner's position concerning
the combined teachings of Singer and Gillard is entirely based on
improper hindsight reasoning, and further urges that neither
reference teaches two cooling volumes as presently claimed
(brief, pages 18-22). More particularly, appellant urges that
Gillard only teaches one, insulated cooling volume (13), while
Singer has no cooling volumes at all. However, what appellant
has lost sight of is the fact that the cooling coils (41) of
Gillard's sampler are adapted to maintain a desired predetermined
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