Appeal No. 2001-2488
Application No. 09/368,455
process gas stream is gradually modulated by providing a varying
heat transfer fin density population in the burner gas passages
(Brief, page 2). A copy of illustrative independent claim 1 is
attached as an Appendix to this decision.
The examiner relies upon the following references as
evidence of obviousness:
Parker 4,049,051 Sept. 20, 1977
Lesieur 5,733,347 Mar. 31, 1998
The claims on appeal stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Lesieur in view of Parker (Answer, page 3).
We reverse the examiner’s rejection essentially for the reasons
stated in the Brief (page 10), Reply Brief (pages 1-2), and those
reasons set forth below.
OPINION
The examiner finds that Lesieur discloses a similar reformer
assemblage to that recited in claim 1 on appeal, the only
difference being that this reference fails to disclose heat
transfer fins present in a “population density gradient” with
different heat transfer amounts in different sections of the
burner passage (Answer, page 3). The examiner finds that Parker
discloses an assemblage with heat transfer fins present in a
population density gradient from the gas passage inlet to the gas
passage outlet with different amounts of heat transfer for
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