Appeal No. 1999-0036
Application 08/394,012
all of the claims remaining in the application. Claim 10 has been canceled.
Appellants’ invention relates to a burner and heat exchanger combination, wherein the burner is
surrounded by the heat exchanger and the heat exchanger includes a plurality of flutes surrounding the
burner. A copy of independent claim 1 can be found in the Appendix to appellants’ brief.
The prior art references relied upon by the examiner in rejecting the appealed claims are:
Daugirda et al. ( Daugirda) 3,823,704 July 16, 1974
Landis 3,947,218 Mar. 30, 1976
Krieger 4,971,027 Nov. 20, 1990
Claims 1 through 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over Daugirda
in view of Krieger.
Claims 5 through 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over Daugirda
in view of Krieger as applied to claims 1 through 4 above, and further in view of Landis.
Rather than attempt to reiterate the examiner's full commentary with regard to the above-noted
rejections and the conflicting viewpoints advanced by the examiner and appellants regarding the
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