Ex parte VATSKY - Page 6




                 Appeal No. 1998-1553                                                                                                                   
                 Application 08/595,965                                                                                                                 


                          mounting means (26) [answer, pages 4 and 5].                                                                                  
                          Henderson’s cone/vane 20, however, which functions as a                                                                       
                 carbon black reaction mass accelerator, has little apparent                                                                            
                 relevance to the burner assembly disclosed by Vatsky.                                                                                  
                 Furthermore, there is nothing in the teachings of the applied                                                                          
                 references to indicate that this type of element would produce                                                                         
                 a swirling or turbulent action of secondary air in the Vatsky                                                                          
                 burner assembly as asserted by the examiner, or that such                                                                              
                 swirling or turbulent action would even be desirable in the                                                                            
                 Vatsky assembly.   The examiner’s alternative contention that2                                                                                                         
                 such a vane would direct and properly focus the secondary air                                                                          
                 to Vatsky’s burner outlet assumes a deficiency in the Vatsky                                                                           
                 structure which is not borne out by the references, i.e., that                                                                         
                 the enclosure structure 32, 34, 38 and 40 surrounding Vatsky’s                                                                         
                 outer tube 24 does not direct and properly focus air to the                                                                            
                 burner outlet.  Eaton’s disclosure of fins 71 to hold a casing                                                                         
                 in spaced relation to a burner nozzle does not cure the                                                                                
                 foregoing flaws in the examiner’s analysis.                                                                                            


                          2The examiner’s position here is at odds with the                                                                             
                 appellants’ disclosure that the frustro-conical vane recited                                                                           
                 in claim 11 provides a desirable stabilization of air flow.                                                                            
                                                                         -6-                                                                            





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