Ex parte CARTER - Page 10




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


          the temperature for the purpose stated in the examiner’s                    
          answer.                                                                     
               As to the retraction of supply conduit 24, the examiner’s              
          rationale is equally untenable.  The examiner states that                   
          it would have been obvious to a person of ordinary skill in                 
          the art to move supply conduit 24 out of the boiler gas 60 and              
          out of opening 31 when supply conduit 24 is not adding                      
          nitrogen oxide inhibiting reagent 28 to prevent supply conduit              
          24 from contacting the atmosphere of the boiler 10 for                      
          extended periods of time and that, in doing so, the material                
          of atomization conduit 30 would provide further heat                        
          protection for supply conduit 24 (examiner’s answer, pp. 6-7).              
          Again, however, there is no teaching or suggestion in Burton                
          to support the examiner’s rationale.  Moreover, Burton teaches              
          the use of other means, such as the use of heat resistant                   
          materials or a cooling fluid to counteract the high                         
          temperature in the boiler (column 3, line 66 to column 4, line              
          2; column 7, lines 49-53).  The examiner has not pointed to,                
          and we do not find any, evidence to indicate that a person of               
          ordinary skill in the art would have been led to modify                     

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