Ex parte CARTER - Page 3




          Appeal No. 1997-2674                                                        
          Application No. 08/266,809                                                  


          efficiency (id.).  According to the appellant, the invention                
          achieves this objective by employing a conduit and spray                    
          nozzle that is normally retracted from the harsh environment                
          of the boiler and inserted into the flue gas passageways only               
          when a temperature sensor, operatively located at the conduit               
          entrance to the flue gas passageway, senses the optimum                     
          temperature for reagent injection (id.).                                    
               As evidence of obviousness, the examiner relies upon the               
          following prior art reference:                                              
          Burton                   4,842,834                June 27, 1989             
               Claims 6, 7, 9, and 10 stand rejected under 35 U.S.C. §                
          103 as unpatentable over Burton (examiner’s answer, pages 4-                
          7).                                                                         
               We have carefully reviewed the entire record, including                
          all of the arguments and evidence advanced by both the                      
          examiner and the appellant in support of their respective                   
          positions.  This review leads us to conclude that the                       
          aforementioned § 103 rejection is not well founded.                         
          Accordingly, we reverse.  The reasons for our determination                 
          follow.                                                                     


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