Ex parte VATSKY - Page 3




              Appeal No. 1999-0020                                                                      Page 3                
              Application No. 08/641,021                                                                                      


                                                         OPINION                                                              
                      In reaching our decision in this appeal, we have given careful consideration to the                     
              appellant's specification and claims, to the applied prior art references, and to the respective                
              positions articulated by the appellant and the examiner.  For the reasons which follow, we                      
              cannot sustain the examiner's rejection.                                                                        
                      Independent claim 11 reads as follows:                                                                  
                      11.    In combination, a furnace comprising at least one wall; and an air nozzle                        
                      comprising a housing having an inlet for receiving air and an outlet for                                
                      discharging the air, a mounting member for mounting the housing to the at least                         
                      one wall of the furnace for pivotal movement about a first axis to vary the air                         
                      discharge pattern from the outlet so that the air is discharged into the interior of                    
                      the furnace in a variable discharge pattern, and a damper blade mounted in the                          
                      housing about a second axis extending transversely to the first axis for splitting                      
                      the discharging air into two streams.                                                                   
                      Chadshay, the primary reference relied upon by the examiner in rejecting the claims,                    
              discloses a furnace having walls and vertically tiltable (column 2, lines 11-12, and column 5,                  
              line 3) secondary air nozzles (9).  Secondary air passes through a transition section (15), which               
              comprises louvers (18) for regulating the total secondary air received into the transition section              
              and two turning vanes (19, 20) which divide the transition section (15) into separate channels                  
              (21, 22, 23).  Flappers (25, 26, 27) are provided in the channels to control the amount of air                  
              received in each channel.  This combination of louvers and dampers permits plenary control of                   
              all divisions and velocity of the secondary air through the transition section with the result that             
              the nozzle set (9) discharges the secondary air in a pattern and velocity and direction as desired              








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