Ex parte CARTER - Page 9




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


          allegation is contrary to the actual teachings of Burton.  In               
          particular, Burton teaches that, in the most typical                        
          situation, the interior boiler 10 can be accessed only in the               
          area of the flame 15 and at an area above the flame, where the              
          temperatures at full load are typically within the range of                 
          about 2,050EF and above (column 5, lines 29-37).                            
          Additionally, Burton teaches that in the exemplary case of                  
          aqueous urea solution, pollutant reduction can occur at                     
          temperatures above about 1,300EF with enhancers and above                   
          about 1,550EF without enhancers (column 5, lines 20-24).  No                
          other evidence has been presented by the examiner to establish              
          that additives other than urea would not be effective at the                
          boiler temperatures disclosed in Burton.  Given the                         
          disclosures in Burton, we see no reason why one of ordinary                 
          skill in the art would have been motivated to monitor the                   
          temperature to activate or deactivate supply conduit 24 in the              
          manner as suggested by the examiner.  That is, the examiner                 
          has not established the requisite factual basis upon which to               
          conclude that a person of ordinary skill in the art would have              
          found any incentive or suggestion in the prior art to monitor               


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