Ex parte VATSKY - Page 2




              Appeal No. 1999-0020                                                                      Page 2                
              Application No. 08/641,021                                                                                      


                                                      BACKGROUND                                                              
                      The appellant's invention relates to a combination of a furnace and a secondary air                     
              nozzle provided with an adjustable damper blade designed to discharge secondary air into the                    
              furnace in two distinct air patterns so as to direct one stream toward the center of the furnace to             
              support combustion and a second stream toward the furnace boundary wall to minimize                             
              corrosion and slagging (appellant's specification, page 2).  The nozzle housing (10) is mounted,                
              by means of a pair of U-shaped mounting plates (20) and shafts (24,26), to at least one wall of                 
              the housing for pivotal movement about a horizontal axis.  Claim 11, the only independent                       
              claim on appeal, is reproduced in the opinion section of this decision.                                         
                      The prior art references of record relied upon by the examiner in rejecting the appealed                
              claims are:                                                                                                     
              Chadshay                             4,425,855                            Jan. 17, 1984                         
              Newman                               5,461,990                            Oct. 31, 1995                         
                      The following rejection is before us for review.                                                        
                      Claims 11-13 stand rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Chadshay in view of Newman.                                                                                     
                      Reference is made to the brief (Paper No. 10) and the final rejection and answer                        
              (Papers No. 8 and 11) for the respective positions of the appellant and the examiner with                       
              regard to the merits of this rejection.                                                                         










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