Ex Parte Schindler et al - Page 3




                    Appeal No. 2004-0539                                                                                                                                  
                    Application No. 09/921,254                                                                                                                            


                    26, 2003) and reply brief (Paper No. 14, filed August 11, 2003)                                                                                       
                    for the arguments thereagainst.                                                                                                                       


                                                                              OPINION                                                                                     


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellants' specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellants and the examiner.  As a consequence of                                                                                      
                    our review, we have made the determination which follows.                                                                                             


                    Like the examiner, we note that Brazier discloses a venturi                                                                                           
                    tube equipped burner which may be fluid fuel fired, gas fired, or                                                                                     
                    combination oil and gas fired (col. 2, lines 3-7), and a method                                                                                       
                    of operating such a burner for producing reduced emissions of                                                                                         
                    nitrogen oxides (NOX, same as NOx).  The burner of Brazier                                                                                            
                    includes a venturi tube (21), a fuel pipe (13) and nozzle (26)                                                                                        
                    located centrally of the venturi tube, and a swirler (27)                                                                                             
                    positioned so that at least a primary portion of a flow of air                                                                                        
                    passes therethrough.  A duct system (25, 25a, 25b, 25c) is                                                                                            
                    associated with the burner and arranged and adapted to                                                                                                
                    recirculate a stream of flue gas from a location in the                                                                                               

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