Appeal No. 2004-1137
Application No. 09/734506
turned on. Operation of the refrigeration unit would then
continue until such time that the sample chamber reaches
approximately 36º F, at which time cooling would cease and the
sample chamber would again be allowed to rise in temperature to
its initial internal mean temperature of approximately 39º F
before the refrigeration unit (43) is again turned on to cool the
sample chamber to the set point temperature. In our view, the
broad language of claim 17 on appeal requires nothing more.
Although it is true, as noted on page 30 of the brief, that
claim 28 recites steps relating to changing both the temperature
of the vessel assembly and the temperature of the storage vessel,
we observe that nothing in claim 28 indicates or requires that
the lower internal temperature of the vessel assembly and the
storage temperature of the sample in storage bottle (16)
necessarily be different from one another. In Gillard, lowering
the internal temperature of the vessel assembly (i.e., inlet
conduit 28 and sample bottle 16) to a mean temperature value
lower than the initial internal mean temperature value by
operation of the refrigeration unit (43) also adjusts the storage
temperature of the storage vessel (16) for storing the sample at
a storage temperature value lower than the liquid sampling
2222
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