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-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007