Ex parte VATSKY - Page 4




              Appeal No. 1999-0020                                                                      Page 4                
              Application No. 08/641,021                                                                                      


              by the furnace operator (column 6, lines 2-6).  Chadshay does not disclose the details of the                   
              mounting structure for tiltably mounting the nozzles (9) to the furnace walls.                                  
                      Newman discloses a mounting and linkage system for mounting an air discharge device                     
              (32, 56) to a wall of a furnace in such a manner that the air discharge device may be tilted                    
              upwardly and downwardly relative to the furnace walls, the mounting and linkage system                          
              comprising a pair of U-shaped mounting plates (28a, 28b) and either a pair of mounting pins or                  
              rods (34a, 34b) or, in the alternative, a single pin (80) which extends between the mounting                    
              plates.  The examiner contends that it would have been obvious to provide a mounting structure                  
              as taught by Newman, comprising a pair of U-shaped mounting plates and a shaft extending                        
              through an opening in the nozzle housing, to tiltably mount the nozzles (9) of Chadshay to the                  
              furnace walls.                                                                                                  
                      Even if Chadshay were modified to provide a mounting structure as taught by Newman                      
              for mounting the nozzles (9) of Chadshay to the furnace walls so as to permit vertical tilting of               
              the nozzles relative to the walls, the modified device would still not result in the invention                  
              recited in claim 11.  Specifically, claim 11 requires that the damper blade be mounted in the                   
              housing and a mounting member for mounting the housing to the furnace wall for pivotal                          
              movement.  The dampers (flappers 25, 26, 27) of Chadshay are not mounted in the pivotally                       
              mounted housing (nozzle 9), as required by the claim.  Rather, the Chadshay dampers are                         
              mounted in the transition section (15), which is not disclosed as being mounted for pivotal                     









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