Ex Parte Hawkins - Page 7

                Appeal 2006-3058                                                                                
                Application 10/386,070                                                                          
                Green discloses that components vaporized from the asphaltic components                         
                condense within, and do not leave, the mixing zone 49 (see FF 9).                               
                Therefore, we find that Green fails to disclose, either expressly or inherently,                
                the claimed features of Appellant’s secondary combustion air supply.                            
                       Accordingly, the rejection of claims 1, 6-8, 11-13, and 20-23 under                      
                35 U.S.C § 102(b) as anticipated by Green is reversed.  Because the                             
                rejections of claims 2, 9, 14, and 15 under 35 U.S.C § 103(a) are similarly                     
                based on the Examiner’s finding that Green discloses the claimed secondary                      
                combustion air supply, we also reverse these rejections.                                        
                                                 REVERSED                                                       
                                                                                                               













                clj                                                                                             
                Joseph B. Bowman                                                                                
                5441 East Gleneagles Dr.                                                                        
                Tucson, AZ  85718-1805                                                                          




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