Ex parte KELCHER - Page 16




         Appeal No. 1999-1899                                   Page 16          
         Application No. 08/932,090                                              


         basis of this claim alone.  Accordingly, we sustain the                 
         examiner's rejection of claims 2 and 4 through 15 under 35              
         U.S.C. § 103 as well as claim 1.                                        


                            NEW GROUNDS OF REJECTION                             
              Under the authority of 37 CFR § 1.196(b), this panel of            
         the Board introduces the following new grounds of rejection.            


              Claim 3 is rejected under 35 U.S.C. § 102(b) as being              
         anticipated by Heyl or Gueyrard.  For the reasons noted above,          
         Heyl and Gueyrard both teach all of the limitations of claim            
         1, and the further recitation in claim 3, which depends from            
         claim 1, of "a plurality of secondary inlets disposed about a           
         periphery of said primary inlet", is satisfied by the                   
         secondary openings/inlets at the periphery of Heyl's grate              
         (124) and by the openings/inlets at the periphery of                    
         Gueyrard's safety grid (3) which surround the central primary           
         inlet portion.                                                          


              Inasmuch as the basic thrust of our affirmance of the              
         35 U.S.C. ' 103 rejections of claim 1 (the 35 U.S.C. § 103              







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