Appeal No. 97-2414
Application 08/417,303
appellants’ claim 1 on appeal. The examiner’s position as
stated on page 2 of Paper No. 11 that the passages in Valyi
Figure 6 are the channels (175) and that such
channels/passages are “filled” with the porous material is
somewhat incomprehensible given the clear disclosure in Valyi
(col. 6, lines 3-13) that the channels (175) are provided
“between” the porous component (177) and the solid component
(176) and the clear showing in Figure 6 of Valyi that the
channels (175) are open channels/passageways allowing
communication between the manifold channel (178) and the
porous matrix material (177) of the burner/heating unit
therein. Likewise, the examiner‘s position that Valyi includes
“a common
outlet 179" (Paper No. 11, page 2) is clearly erroneous given
that Valyi expressly discloses (col. 6, lines 3-13) that the
element (179) is a rod which acts as a valve means in the
burner unit therein that may be manually shifted by the handle
(180) to open and close gas supply ports to the channels
(175). For these reasons, we will not sustain the examiner’s
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