Ex Parte Thiessen - Page 2



          Appeal No. 2006-0601                                                        
          Application No. 10/430,030                                                  

                    1.  An apparatus for converting dirty fuels to steam              
               and useful gas, the apparatus comprising:                              
               a combustor burning dirty fuels producing heat and exhaust;            
               a steam boiler receiving the heat from the combustor to                
               produce steam; and                                                     
               a gasifier wherein biomass material and the exhaust from the           
          combustor result in useful gas.                                             
               The references set forth below are relied upon by the                  
          examiner in the Section 102 rejections before us:                           
          Sacks                        3,966,634              Jun. 29, 1976           
          Horgan                       4,478,039              Oct. 23, 1984           
               Claim 1 is rejected under 35 U.S.C. § 102(b) as being                  
          anticipated by either Horgan or Sacks.                                      
               Rather than reiterate the respective positions advocated by            
          the appellant and by the examiner, we refer to the brief and                
          reply brief and to the answer for a complete exposition thereof.            
                                       OPINION                                        
               For the reasons which follow, we will sustain each of these            
          rejections.                                                                 
               It is the appellant’s basic position that neither the Horgan           
          apparatus nor the Sacks apparatus provides the gasifier with                
          exhaust from the combustor as required by the appealed claim.               
          More specifically, the appellant argues that conduit 48 of Horgan           
          is disclosed as transferring heat, but not exhaust, from                    
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