Ex Parte GREENE et al - Page 8



            Appeal 2006-1068                                                                                
            Reissue Application 08/425,766                                                                  

                   means.  [Id., page 4.]                                                                   
                   5.  Because the Examiner continued to be unpersuaded by these arguments,                 
            the Appellants permitted the ‘419 application to become abandoned in favor of the               
            ‘474 application.  As in the parent application, the originally filed independent               
            claims including claim 1 of the ‘474 application contained a liquid filter (or                  
            corresponding) limitation.  These claims again were rejected by the Examiner                    
            under Section 103 as being unpatentable over Hadley and Kent.  In their June 17,                
            1992 response to this rejection, the Appellants presented patentability arguments               
            based on a number of claim features.  However, none of these argued claim                       
            features included the liquid filter (or corresponding) limitation of the independent            
            claims.                                                                                         
                   6.  On June 30, 1992 in a non-final Office action, the Examiner rejected all             
            claims under Section 103 as being unpatentable over the prior art patents to Houser             
            and Kent and possibly Hadley (i.e., the record is unclear as to whether the non-                
            final rejection included the Hadley reference).  In response to this non-final                  
            rejection, the Appellants filed an appeal brief on October 29, 1992 wherein the                 
            following arguments were presented:                                                             
                   In the June 30, 1992 Office Action, the Examiner indicated that the                      
                   Applicants’ invention was unpatentable over U.S. Patent 4,958,578 to                     
                   Houser in view of U.S. Patent 4,922,841 to Kent.  There are, however,                    
                   numerous differences between the references and the present application,                 
                   and these references, alone or together, do not show, teach, or suggest the              
                   novel incineration system requiring (1) the oxygen enriched first combustion             


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