Ex Parte Flatness et al - Page 6

               Appeal 2007-0616                                                                           
               Application 10/733,689                                                                     

               Examimer takes the position that Ruegg’s pressurized gas inherently resists                
               upstream infiltration of at least one contaminant.  (See Answer 4).                        
                     The dispositive question is, therefore, whether Ruegg’s pressurized                  
               gas in the conduit is necessarily or inherently “effective to substantially                
               resist upstream infiltration of a contaminant from an interior of the vessel”              
               as required by claim 13.  On this record, we answer this question in the                   
               affirmative.                                                                               
                     As acknowledged by the Appellants (Br. 6), Ruegg teaches at                          
               paragraph 0045 that:                                                                       
                            Following the ignition of the gas mixture, the inner pipe                     
                     is preferably cleaned of the residues of the explosion, e.g., slag.                  
                     This takes place, for example, by means of compressed air,                           
                     which is sent through the inner pipe 22.  For this purpose, one                      
                     of the gas supply lines 30 is equipped with an additional valve                      
                     41, which is connected with a compressed air reservoir 42, e.g.,                     
                     a compressed air compressor or a compressed air cylinder.  This                      
                     additional valve 41, here depicted as a solenoid valve,                              
                     preferably is also capable of being driven and actuated                              
                     automatically.                                                                       
               We find that Ruegg also teaches in relevant part of paragraph 0050:                        
                     In preference, following the carrying out of the cleaning                            
                     process, the inner pipe 52 and possibly also the outer pipe 51 is                    
                     cleaned in a cleaning step, e.g., by means of compressed air it is                   
                     freed of slag and water.                                                             
                     From these disclosures, there is no doubt that Ruegg’s compressed gas                
               is sufficiently pressurized to remove slag and water in the conduit.  Thus, it             
               is reasonable for the Examiner to conclude that at that same pressure, the                 
               compressed gas necessarily or inherently resists the slag deposit removed                  
               from the boiler from entering or infiltrating into at least upstream part of the           

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