Appeal No. 2004-0539 Application No. 09/921,254 (CO) air pollution. In addition, the invention relates to the methodology for operating such burners, whereby substantial reductions of CO and NOx emissions are achieved relative to existing burners. Independent claims 1 and 6 more specifically set forth the burner structure, while independent claims 12 and 17 set forth the method for operating the burners. A copy of claims 1, 6, 12 and 17 may be found in the Appendix to appellants' brief (Paper No. 12). The prior art references of record relied upon by the examiner in rejecting the appealed claims are: Brazier et al. (Brazier) 4,708,638 Nov. 24, 1987 Bury et al. (Bury) 5,634,785 Jun. 3, 1997 Claims 1 through 21 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Brazier in view of Bury. Rather than reiterate the examiner's full statement of the above-noted obviousness rejection and the conflicting viewpoints advanced by the examiner and appellants regarding the rejection, we make reference to the examiner's answer (Paper No. 13, mailed June 13, 2003) for the examiner's reasoning in support of the rejection, and to appellants' brief (Paper No. 12, filed March 22Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007