Appeal No. 2004-1137
Application No. 09/734506
supra in our evaluation of the examiner's rejection of claims 1,
3, 10 and 12 under 35 U.S.C. § 103(a) relying on Singer and
Gillard. The examiner's position regarding the rejection of
claims 28, 29, 31 and 32 is set forth on pages 7, 8 and 13-15 of
the answer. Like the examiner, it is our view that normal
operation of the thermostatic control of the refrigeration unit
(43) in Gillard, as described at page 3, column 1, thereof,
results in performing both the step of "adjusting an internal
temperature of the vessel assembly to an initial mean temperature
value" and the further step of "lowering the internal temperature
of the vessel assembly to a mean temperature value lower than the
initial mean temperature value," as set forth in claim 28 on
appeal.
When cooling the sample chamber (13) of Gillard during hot
weather, the thermostat (45) is set at a predetermined low
temperature value that will prevent putrefaction and
deterioration of the liquid sewage sample contained in sample
bottle (16). However, normal operation of a thermostat involves
more than just the exact temperature at which the thermostat has
been set to maintain a desired temperature within the chamber
(13). In a cooling environment, like that in Gillard, a
2020
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