Ex Parte Flatness et al - Page 7

               Appeal 2007-0616                                                                           
               Application 10/733,689                                                                     

               conduit.  To find otherwise is to ignore the purpose of Ruegg’s compressed                 
               gas, i.e., making Ruegg’s conduit freed of slag and water.  This is especially             
               true since Plavnik teaches that beginning every new cleaning cycle, the                    
               conduit must be cleaned with a purge gas for safety reasons (col. 10, ll. 29-              
               34).                                                                                       
                     The Appellants argue that Ruegg’s compressed gas does not resist the                 
               upstream infiltration of contaminants since its “thin-walled container 25”                 
               appears to perform such a function (Br. 6).  We do not agree.  As can be                   
               seen from Figure 1 and paragraph 0013, Ruegg’s compressed gas need not                     
               be used together with a thin-walled container 25.  Indeed, Plavnik, like                   
               paragraph 13 of Ruegg, teaches a method for mixing a fuel and an oxidizing                 
               gas in a lance (not a thin-walled container) in a detonation cleaning process.             
               In any event, claim 13, by virtue of using the transitional phrase                         
               “comprising,” does not preclude the use of the thin-walled container,                      
               together with the compressed gas, to resist the upstream infiltration of                   
               contaminants.                                                                              
                     Thus, for the factual findings set forth above and in the Answer, we                 
               concur with the Examiner that either Ruegg alone or Ruegg in view of                       
               Pravnik would have rendered the subject matter recited in claims 13 through                
               15, and 17 anticipated or obvious within the meaning of 35 U.S.C. §§ 102                   
               and 103.                                                                                   

               ISSUE 2: Claims 16 and 19                                                                  
                     As pointed out by the Appellants (Br. 7-8), Ruegg and Pravnik do not                 
               mention the claimed specific purge gas feeding locations recited in claims 16              


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