Ex Parte ASPALTER et al - Page 3




          Appeal No. 2003-1549                                                        
          Application No. 09/356,400                                                  


          appellants (Brief, pages 6-8), Tenner employs its nozzle                    
          arrangement to produce the following effect (column 7, lines 9-19):         
               each reducing gas injection means will comprise a                      
               plurality of tubes . . . disposed generally parallel and               
               in the same plane as each other tube . . . a plurality of              
               apertures or nozzle type openings to facilitate injection              
               of the reducing gas . . . these openings will be spaced                
               such that the spray pattern therefrom will slightly                    
               overlap the spray pattern from adjacent openings thereby               
               substantially blanketing the entire cross-section of                   
               combustion effluent gas flow area.                                     
          To supply such spray patterns at the locations where the baffle             
          described in Mansour is placed would destroy the invention on which         
          Tenner is based.  Ex parte Hartmann, 186 USPQ 366, 367 (Bd. App.            
          1974).  The examiner has not proffered any evidence that the spray          
          patterns desired by Tenner can be obtained in the environment               
          taught by Mansour.                                                          















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