Ex parte CARTER - Page 5




          Appeal No. 1997-2674                                                        
          Application No. 08/266,809                                                  


          atomization (i.e., droplet size) and dispersion of fluid 28                 
          throughout effluent 60 (i.e., distance of injection) and that               
          it can be provided by suitable means known to the skilled                   
          artisan, such as by compression fitting 26 (column 6, lines                 
          46-49; column 6, lines 59-61).                                              
               Burton further describes that the effluent flue conduit                
          additionally has a thermocouple for temperature measurement                 
          (column 8, lines 7-9).  Also, Burton states that the treatment              
          fluid 28 should be dispersed uniformly within effluent stream               
          60 at a point where effluent 60 is at a temperature effective               
          for pollutant reduction employing the desired additive at a                 
          particular concentration and that, in the exemplary case of                 
          droplets of an aqueous urea solution, the temperature will be               
          above about 1300EF with enhancers (column 5, lines 16-24).                  
               In comparing Burton’s method against the subject matter                
          of appealed claim 9, we determine that Burton does not teach                
          the following element of appealed claim 9: “. . . when the                  
          temperature of the gas is sensed to be within a selected                    
          range, activating the conduit to insert the nozzle into the                 
          gas through the opening and activating the conduit to spray                 


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