Appeal No. 98-1640
Application 08/535,850
optimal atomization. With this in mind, it is apparent to us
that one having ordinary skill in the art would have
appreciated that the comparable second slot or nozzle tip of
Nielsen (Figure 6) is adapted to substantially uniformly
atomize a mixture of steam (gas) and heavy petroleum
hydrocarbon (liquid), as set forth in claim 1 (claim 11).
As to the argued (brief, page 13) “essential” plurality
of holes for the gas outlet (claim 11 only requires at least
one passageway), it is apparent to this panel of the board
that the choice of a plurality of holes or passageways by one
having ordinary skill in the art would have simply been an
obvious matter of selection from among the known options in
the art of one (Figure 6 of Nielsen) or more passageways
(multi-air jets shown in Figure 2.38 of Exhibit A to
appellants’ brief or the multiple side steam outlets 8 in the
PRIOR ART showing in appellants’ application Figures 6A, 6B).
It is additionally argued (main brief, page 14) that the
“most critical dimension” is the distance between the gas
outlets and the second outlet of gas-liquid mixture (about
10
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