Ex Parte Schindler et al - Page 2




                    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                                                                                        

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