Appeal No. 2004-0920
Application No. 10/261,253
Claim 1 is representative of the subject matter on appeal
and is set forth below:
1. A wood burning furnace, comprising: (a) an enclosed
combustion chamber including a top, a bottom, a back,
a front and opposing side walls; (b) a secondary
combustion air admission chamber including a top, a
bottom, a back, a front and opposing side walls, the
bottom wall of the secondary combustion air admission
chamber being arched and perforated with more than two
perforations, the bottom wall of the secondary
combustion air admission chamber comprising the top
wall of the combustion chamber.
The examiner relies upon the following art references as
evidence of unpatentability:
Reintjes 3,236,508 Feb. 22, 1966
Starr 4,309,976 Jan. 12, 1982
Craver 4,672,946 Jun. 16, 1986
Claims 1-6 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Craver in view of Starr and Reintjes.
On page 3 of the brief, appellant states that the claims
stand or fall together. We therefore consider claim 1 in this
appeal. 37 CFR § 1.192(c)(7) and (8)(2003).
OPINION
For the reasons set forth in the answer and below, we
affirm the rejection.
We refer to pages 3-5 of the answer regarding the
examiner’s position in this rejection. In the argument section
of the brief, on page 3, appellant disagrees with the examiner’s
conclusion that when Craver is modified to include the
cylindrical combustion chamber of Starr, the secondary air
2
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