Appeal No. 2004-1137
Application No. 09/734506
temperature value of the sampling location outside the sampler.
Thus, we find that this requirement in claim 28 is also present
in Gillard.
As for appellant's argument (brief, page 31) regarding the
"partial volume" limitation of claim 28 on appeal, we agree with
the examiner (answer, pages 14-15) that the composite sample in
storage bottle (16) of Gillard is obtained by accumulating a
series of small sample volumes, each of which represents only a
"partial volume" of the entire withdrawn liquid making up the
composite sample. Moreover, if we view the sampling location in
Gillard to be the main sewage discharge pipe to which inlet pipe
(17) of Gillard is attached as a by-pass, then the withdrawn
fluid would be that which enters the open conduit or channel (18)
of the sampler and a partial volume of that withdrawn fluid is
then picked-up by ladle (31) and allowed to flow through an
intake vessel (conduit 28) into the sample storage vessel (16).
Thus, the composite sample in Gillard is obtained from the
withdrawn liquid by letting flow a series of small partial
volumes of the withdrawn liquid into the storage vessel.
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