Ex Parte Schindler et al - Page 4




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


                    combustion chamber adjacent the combustion zone and into a flue                                                                                       
                    gas inlet portion of the venturi tube at the throat thereof,                                                                                          
                    whereby the stream of flue gas is induced into a low pressure                                                                                         
                    area at the throat of the venturi and intermixed in the low                                                                                           
                    pressure area with a primary flow of combustion air (col. 3,                                                                                          
                    lines 4-21).  Brazier notes that the mixing of the inert flue gas                                                                                     
                    with combustion air (34) before fuel is introduced and combusted                                                                                      
                    (at 26) retards the primary flame combustion while still                                                                                              
                    maintaining control and stability of the flame, thereby producing                                                                                     
                    a lower flame temperature and resulting in a reduction in NOX                                                                                         
                    production (col. 3, lines 22-33).                                                                                                                     


                    What the burner of Brazier lacks relative to appellants                                                                                               
                    claimed subject matter is any teaching of a fuel gas injector,                                                                                        
                    like that seen at (56/60) of appellants drawings, which extends                                                                                       
                    through the combustion chamber wall at a location adjacent the                                                                                        
                    combustion zone and positioned to direct a flow of fuel gas into                                                                                      
                    the combustion chamber at a location beyond the inner edge of the                                                                                     
                    entrance to the combustion chamber.                                                                                                                   


                    To supply this deficiency in Brazier, the examiner looks to                                                                                           
                    the burner of Bury, which burner is characterized as having very                                                                                      

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