Appeal No. 2003-0217
Application No. 09/284,076
35 U.S.C. § 103(a): Claims 10-14
We need to address only the independent claims among claims
10 through 14, i.e., claims 10 and 11.
We have already addressed the teachings of Javeri above.
Muenger teaches the use of an exhaust gas overpressure “in the
range of 2 to 3.4 atm (30 to 50 psia).” (Col. 3, lines 28-29.)
The examiner argues that Muenger teaches exhaust gases from
a turbine at a pressure of between 2 to 3.4 atm (30-50 psia) and
that therefore “[i]t would have been obvious to one of ordinary
skill in the art at the time of the claimed invention to use the
Javali [sic] apparatus at an overpressure of 0.5 bar in view of
the Muenger teaching in order to: 1) increase the heat transfer
from the combustor to steam 2 [sic]; [and] 2) eliminate the
stack exhaust fan and save its cost.” (Final Office action,
page 3.) According to the examiner, “it is clear beyond doubt
that exhaust overpressures of 0.5 bars were within the norms of
conventionally used pressures at the time of the claimed
invention according to the needs of the application considered.”
(Answer, page 4.)
The appellant, on the other hand, counters that the
Examiner has not established a prima facie case of obviousness.
(Appeal brief, pages 5-10.) Specifically, the appellant argues
that neither Javeri nor Muenger teaches “the overpressure” range
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