Ex Parte MA - Page 8




            Appeal No. 2003-0659                                                                       
            Application 09/463,540                                                                     


            periodically injecting the supplemental fuel in bursts into the                            
            chamber and does not disclose that the chamber is narrow.                                  
                  The examiner argues that Martin discloses that chamber 88 is                         
            filled with reducing gas which displaces the exhaust gases                                 
            previously present in the chamber without significantly mixing                             
            with those exhaust gases (answer, pages 6-7 and 9).  This                                  
            argument is based upon an incorrect interpretation of the                                  
            reference.  Chamber 88 is a fuel vaporization chamber which                                
            supplies vaporized supplemental fuel for mixing with the process                           
            stream containing exhaust gas (col. 10, lines 41-43; figure 11).                           
            Martin does not disclose that chamber 88 ever contains exhaust                             
            gas.  Moreover, as discussed above, Martin teaches that his                                
            reductant gas mixes with the exhaust gas.                                                  
                  The examiner relies upon Alcorn only for a disclosure of a                           
            flow straightening matrix (answer, pages 7-8), and not for any                             
            disclosure which remedies the above-discussed deficiency in                                
            Martin.                                                                                    
                  Accordingly, we conclude that the examiner has not carried                           
            the burden of establishing a prima facie case of obviousness of                            
            the invention claimed in any of the appellant’s claims over the                            
            combined teachings of Martin and Alcorn.                                                   


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