Ex Parte JEANVOINE et al - Page 2



          Appeal No. 2006-1119                                                        
          Application No. 09/381,631                                                  

                    38.  Process of manufacturing glass from vitrifiable              
               materials comprising a step of supplying all or part of the            
               thermal energy necessary for melting vitrifiable materials             
               by injecting a combustible mixture comprising at least one             
               fuel and at least one oxidizer gas, or gaseous products                
               resulting from combustion of the combustible mixture, below            
               the level of the mass of said vitrifiable materials, and               
               melting said vitrifiable materials, wherein said vitrifiable           
               materials comprise liquid or solid combustible elements, or            
               mixtures thereof, and materials selected from the group                
               consisting of batch materials, cullet, vitrifiable waste,              
               and mixtures thereof, and manufacturing glass from said                
               melted vitrifiable materials.                                          
               In the rejection of the appealed claims, the examiner relies           
          upon the following references:                                              
          Greve                         4,983,549              Jan. 8, 1991           
          Floyd et al. (Floyd)          5,615,626              Apr. 1, 1997           
               Appellants’ claimed invention is directed to a process for             
          manufacturing glass from vitrifiable materials, such as                     
          vitrifiable waste.  A combustible mixture comprising a fuel and             
          an oxidizer gas is injected below the vitrifiable material for              
          melting the same.                                                           
               Appealed claims 38, 39, 42-45, 50, 56 and 98 stand rejected            
          under 35 U.S.C. § 102(b) as being anticipated by Floyd.  Claims             
          40, 46, 78, 101-104, 106, 115 and 116 stand rejected under 35               
          U.S.C. § 103(a) as being unpatentable over Floyd.  Claims 77 and            
          105 stand rejected under 35 U.S.C. § 103(a) as being unpatentable           
          over Floyd in view of Greve.                                                

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