Ex Parte MITCHELL - Page 6




          Appeal No. 2002-0064                                                        
          Application No. 09/084,042                                                  


          lines 23-38).  Pauletta’s apparatus includes a housing 10 in                
          which is located a heat exchanger in the form of a series of                
          concentric tubular members 16 spaced apart from one another to              
          provide therebetween inlet and outlet passageways 17 and 19.                
          These passageways are connected respectively to inlet and outlet            
          ports 12 and 14 by means of a manifold 22 (column 2, lines 1-6).            
          The operation of Pauletta’s apparatus is explained in the                   
          paragraph spanning columns 2 and 3.  Waste gas including noxious            
          constituents to be incinerated enters the apparatus through inlet           
          12 and is distributed across the concentric tube core of the heat           
          exchanger by the manifold 22.  The gas is directed downwardly               
          into the spaces between the tubes 16 and at the bottom of the               
          heat exchanger is directed through a baffle tube 32 towards                 
          heating means 24 where the gas is heated to a temperature of                
          about 1500oF to neutralize the noxious constituents.  The high              
          temperature gas is then directed into the concentric outlet                 
          passageway 19 in heat exchange relation to cooler waste gas                 
          entering the heat exchanger.  Given this description of the                 
          construction and operation of Pauletta, appellant’s argument on             
          page 10 of the main brief that in Pauletta the flow of inlet gas            
          is kept separate from the flow of outlet gas, and that the flow             


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