Ex Parte Zeller - Page 15



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

                    low refrigeration temperature within the entirety of the                                                                                              
                    insulated sample chamber (13) to prevent deterioration of the                                                                                         
                    fluid sample, i.e., in the space or "first cooling volume"                                                                                            
                    physically located within the confines of the cooling coils                                                                                           
                    themselves which is occupied by the sample storage bottle (16),                                                                                       
                    as well as in the space or "second cooling volume" located, for                                                                                       
                    example, above the storage bottle and cooling coils (41) and                                                                                          
                    adjacent the lower end of inlet conduit (28) through which the                                                                                        
                    fluid sample must pass, as seen in Figure 2 of Gillard.  Thus,                                                                                        
                    although Gillard teaches cooling only the insulated sample                                                                                            
                    chamber (13), the examiner has correctly determined that the                                                                                          
                    chamber (13) is made up of two contiguous volumes, each of which                                                                                      
                    is clearly cooled by the cooling coils (41).  Moreover, the two                                                                                       
                    volumes are operative to cool the fluid sample both during its                                                                                        
                    passing from the conduit (28) to the storage bottle (16), i.e.,                                                                                       
                    within the second cooling volume, and once housed within the                                                                                          
                    storage bottle in the first cooling volume.                                                                                                           

                    In a similar fashion, when cooling coils like those seen at                                                                                           
                    (41) of Gillard are used in the lower section or sample chamber                                                                                       
                    (13) of Singer's fluid sewage sampler so as to gain the advantage                                                                                     
                    of preventing putrefaction and deterioration of the fluid sample,                                                                                     
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