Ex Parte Stephens et al - Page 2

                Appeal  2006-1768                                                                            
                Application 10/389,327                                                                       
                                             INTRODUCTION                                                    
                      The claims are directed to a burner for the combustion of fuel in a                    
                furnace and a method of combustion (Specification ¶ [0002]).  Claim 1 is                     
                illustrative:                                                                                
                            1.  A burner for the combustion of fuel in a furnace, said burner                
                      comprising:                                                                            
                      (a)   a burner tube having a downstream end and an upstream end;                       
                      (b)    a fuel orifice located adjacent the upstream end of said burner                 
                tube, for introducing fuel into said burner tube;                                            
                      (c)   a burner tip mounted on the downstream end of said burner                        
                tube and adjacent a first opening in the furnace, said burner tip having a                   
                plurality of main ports in an external surface thereof so that combustion of                 
                the fuel takes place at said external surface of said burner tip, the number                 
                and dimensions of said main ports in said external surface being such that                   
                the total area of the main ports in said external surface is at least 1 square               
                inch per million (MM) Btu/hr burner capacity; and                                            
                      (d)    means for drawing flue gas from said furnace or air from a                      
                source of air or mixtures thereof in response to an inspirating effect of                    
                uncombusted fuel flowing through said burner tube from its upstream end                      
                towards its downstream end.                                                                  
                      The Examiner relies on the following prior art references as evidence                  
                of unpatentability:                                                                          
                Ferguson                US 2,813,578                   Nov. 19, 1957                       
                Fischer                 EP 374,423 A3                  Jun.  27, 1990                      
                Dinicolantonio           US 5,092,761                   Mar.   3, 1992                      
                Johnson                 US 5,688,115                   Nov. 18, 1997                       
                Newby                   US 5,813,846                   Sep.  29, 1998                      





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