Appeal No. 2004-1887
Application No. 09/430,469
is adapted to extract a sample from the container and
convey the sample to the sample output;
a process analyzer coupled to the sample output of the
sample handling system, and adapted to analyze the
sample to provide an analytical output based upon a
characteristic of the sample; and
wherein the process analyzer is operably coupled to the
sample handling system to communicate digitally with
the sample handling system.
The prior art set forth below, as listed by the Examiner on
page 4 of the answer, is relied upon as evidence of anticipation
in the § 102 rejections before us:
Sittler et al. (Sittler) WO 97/12239 Apr. 3, 1997
Hikosaka et al. (Hikosaka) 6,004,514 Dec. 21, 1999
“Rosemount Analytical, ‘Model DCX [sic, GCX] Gras [sic, Gas]
Chromatograph Transmitter’ [,Operator Manual] (July 1999),
pp. 1-1 thru [sic] 3-2 [sic; see footnote 2 infra)]” (answer,
page 4)1
Claims 1-4, 16, 19 and 21-25 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Sittler.
Claims 1-11, 15-19 and 21-25 stand rejected under 35 U.S.C.
§ 102(a) as being anticipated by GCX.
1 The Examiner has inappropriately used a variety of
differing nomenclatures in identifying this reference including
“GCX Manual on the HMI Software (July 1999)” (answer, page 4)
and “‘Model DCX [sic, GCX] Gas Chromatograph Transmitter’ (July
1999)” (answer, page 5 et. seq.) and “GCX” (answer, page 5 et.
seq.). Hereinafter, we identify this reference with the
nomenclature GCX.
3
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