Appeal No. 2004-1137
Application No. 09/734506
to a temperature of at least 78.8º Kelvin, thereby ultimately
equalizing the pressure in the inlet tube and thus preventing
further sampling since the pressure in the inlet tube will be the
same as across the metering orifice (28).
In the reply brief (Paper No. 29, pages 5-6), appellant has
again attempted to introduce new arguments not presented in the
appeal brief. As we noted before, this type of belated argument
of the appeal is not permitted (37 CFR § 1.192(a)). Thus, we
have not considered the new arguments directed to the step of
"lowering the internal temperature of the vessel assembly . . .
to a temperature value lower than the initial internal
temperature value of the vessel assembly." However, we note the
disclosure of Hansen in the paragraph bridging columns 2-3,
wherein the vessel assembly apparently has an initial internal
temperature of 150º F to drive off contaminants, which
temperature is then lowered by the cooling assembly (40) to below
75º Kelvin, with inlet shutoff valve (27) then being opened to
allow a sample of the environment (e.g., air) to be drawn into
the sample container (10). As for appellant's argument (B)
spanning pages 6-7 of the reply brief, we have fully responded to
it above, by pointing out where Hansen teaches allowing a
1818
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007