Ex Parte Thiessen - Page 5



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

          This fact reinforces our above discussed determination that                 
          Horgan’s and Sack’s heat transfer from combustor to gasifier                
          occurs by direct communication therebetween and accordingly would           
          necessarily be accompanied by transfer of exhaust from combuster            
          to gasifier.                                                                
               Under these circumstances, we find that both Horgan and                
          Sacks inherently transfer exhaust along with heat from the                  
          combustor to the gasifier of their respective apparatus.  We                
          hereby sustain, therefore, the examiner’s Section 102(b)                    
          rejections of claim 1 as being anticipated by either Horgan or              
          Sacks.                                                                      














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