Appeal No. 2001-2193 Page 6
Application No. 09/152,515
Forney discloses a burner constructed to burn either gas
or oil atomized by steam prior to discharge. Figure 1 of
Forney shows a furnace equipped with a burner and Figure 3 of
Forney shows a sectional view of the burner. Forney teaches
that gas flows from pipe 37 into chamber 34, then into the
space between tubes 28 and 29, then to the space between tip
31 and sleeve 59, and then to outlet ports 58 angled relative
to the longitudinal axis of the tubes 28 and 29. Forney also
teaches that steam flows from pipe 47 into tube 30, then into
nozzle 65, then to sleeve 59 where it atomizes oil injected
through ports 64 in the sleeve 59, and then to outlet ports
57. Forney provides that oil is supplied from pipe 42 to the
space between pipes 29 and 30 for flow to the ports 64.
Forney does not teach the size of the ports 57 and 58.
We agree with the appellants that claim 1 is not
anticipated by Forney. Specifically, we agree with the
appellants that the preamble of claim 1 (i.e., a liquid fuel
pressure atomizing nozzle) is a structural limitation that is
not met by Forney. In our view, this structural limitation
requires that at least one of the claimed discharge orifices
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