Ex Parte GROSS et al - Page 8




         Appeal No. 2003-1788                                                       
         Application No. 09/403,081                                                 


         broadest reasonable meanings in their ordinary usage in the field          
         of the invention as defined in the specification.  Cf. Toro Co.            
         v. White Consol. Indus., 199 F.3d 1295, 1299, 53 USPQ2d 1065,              
         1067 (Fed. Cir 1999).                                                      
              Applying this rule to the claims on appeal, I determine that          
         the claims are directed to a conventional Claus sulfur process             
         and apparatus in which multiple nozzles for injecting oxygen-              
         containing gases are directly fixed to a combustion reactor2               
         section downstream from a burner.  See Jepson process claim 22             
         and apparatus claim 23.  Claim 2, 4 through 11, 13 through 15 and          
         22 further limit the conventional Claus desulfurization process            
         by indicating that an afterburning zone is integrated into the             
         combustion reactor and the oxygen-containing gas is fed at a               
         particular velocity.  There is no requirement that the oxygen-             
         containing gas be fed to the after- burning zone of the                    
         combustion reactor section of the apparatus.                               
              The majority does not dispute that Gitman teaches a Claus             
         sulfur apparatus having a burner, a waste-heat boiler and one or           
         more catalytic reactors.  Nor does the majority dispute that               
         Gitman teaches a Claus sulfur process in which hydrogen sulfide            
         or a hydrogen-sulfide-containing gas is combusted in the presence          
         of air in an apparatus having a burner, a waste heat boiler and            
         one or more catalytic reactors.  Rather, the majority argues that          
         Gitman does not teach placing a multiplicity of nozzles for                
         injecting an oxygen-containing gas at a combustion reactor                 
         section of the apparatus downstream from a burner.  According to           

                                                                                   
              2 According to page 284 of Webster’s II New Riverside                 
         University Dictionary (1994), attached herewith, the term                  
         “combustion” means “[t]he process of burning” or “[a] rapid                
         chemical change, esp. oxidation, that produces heat and light.”            


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