Appeal No. 1998-1553
Application 08/595,965
The references relied upon by the examiner as evidence of
obviousness are:
Eaton et al. (Eaton) 2,048,495 Jul. 21, 1936
Henderson et al. (Henderson) 3,753,658 Aug. 21,
1973
Vatsky et al. (Vatsky) 4,348,170 Sept. 7, 1982
Claims 11 through 16 stand rejected under 35 U.S.C. §
103(a) as being unpatentable over Vatsky in view of Henderson
and Eaton.
Reference is made to the appellant’s brief (Paper No. 9)
and to the examiner’s answer (Paper No. 10) for the respective
positions of the appellant and the examiner with regard to the
merits of this rejection.
Vatsky, the examiner’s primary reference, discloses a
burner assembly 10 which “operates in a manner to reduce the
formation of nitrogen oxides as a result of fuel combustion”
(column 1, lines 9 and 10) and is similar in many respects to
the burner assembly disclosed and claimed in the instant
application. The burner assembly 10 includes inner and outer
tubular members 22 and 24 defining a flow passage 26, a fuel
inlet 28 at one end of the passage, a fuel outlet at the other
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