Ex parte BROCK - Page 13




          Appeal No. 97-2642                                        Page 13           
          Application No. 08/094,461                                                  


          (1) replace Raymond's oil heating system (i.e., the pressure                
          drop across the restrictor 82) with a heating system utilizing              
          exhaust gases, or (2) supplement Raymond's oil heating system               
          (i.e., the pressure drop across the restrictor 82) with a                   
          preliminary heating system utilizing exhaust gases, as                      
          suggested and taught by the heat recovery muffler system of                 
          McEachern for the advantage of recovering and utilizing the                 
          exhaust heat energy that would otherwise be lost to the                     
          atmosphere especially in view of Jeppson's teaching of                      
          utilizing hot exhaust gas to heat a screed.                                 


               We have, of course, considered all of the appellant's                  
          arguments.  However, we are not persuaded that the examiner                 
          erred in rejecting the appealed claims.                                     


               On pages 25-29 of the brief and pages 5-6 of the reply                 
          brief, the appellant specifically calls to our attention the                
          issuance of U.S. Patent No. 5,308,190, for the purpose of                   
          showing the nonobviousness of the claimed invention.  We                    
          recognize the issuance of U.S. Patent No. 5,308,190 with                    
          claims identical to appealed claims 20 through 25 and 30                    







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