Appeal No. 2004-0539
Application No. 09/921,254
flue gasses to be mixed with primary combustion air to reduce the
content of free oxygen in the gaseous fuel flame and thereby
limit the maximum temperature of the flame (e.g., as shown in
Brazier) is known in the art, and then specifically teaches that
a gas burner that combines both the processes of flue gas
recycling and staggering the supply of the fuel gas and
combustion air advantageously provides flue gasses having very
low emissions of NOX, i.e., at least a 70% reduction in the
content of NOX in the flue gases (col. 3, lines 39-43). As for
appellants' contention (brief, page 6) that Bury relates solely
to gas burners while Brazier relates principally to liquid fuel
burners and that this fact further isolates the disclosures of
Bury and Brazier from one another and emphasizes the lack of any
suggestion for their combination, we agree with the examiner that
the disclosure of Brazier at column 2, lines 3-7, belies any such
distinction, since it expressly indicates that the venturi type
burner arrangement of Brazier "can be applied also to gas fired
burners and (combination) oil and gas fired burners."
Regarding appellants' comments in the brief and reply brief
concerning fuel lances or nozzles (19) of Bury, we first note
that it is the fuel supply pipes (10) arranged outside the
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