Ex Parte Stephens et al - Page 17

                Appeal  2006-1768                                                                            
                Application 10/389,327                                                                       
                      Claims 21-22 require a “step of injecting steam into the burner tube to                
                mix with the fuel and air, flue gas or mixtures thereof upstream of said zone                
                of combustion.”  Claim 23, which depends on claim 17, only requires that                     
                the furnace be a “steam-cracking” furnace.  These method claims are silent                   
                regarding the positioning of the steam injection port in the burner.  The                    
                recited step of “injecting steam into the burner” does not require that the                  
                steam be “directly” injected into the burner.  Indirect injection of the steam,              
                as in Ferguson, would suffice to meet claims 21-23.                                          
                      We affirm the § 103(a) rejection over Dinicolantonio in view of                        
                Ferguson.                                                                                    


                                              CONCLUSION                                                     
                      We have affirmed the § 103(a) rejection of claims 1-12 and 16-25                       
                over Fischer.                                                                                
                      We have affirmed the § 103(a) rejection of claims 1, 2, 4-10, 14-20,                   
                24 and 25 over Dinicolantonio.                                                               
                      We have affirmed the § 103(a) rejection of claims 3 and 11 over                        
                Dinicolantonio in view of Newby.                                                             
                      We have affirmed the § 103(a) rejection of claims 11-13 and 21-23                      
                over Dinicolantonio in view of Johnson.                                                      
                      We have affirmed the § 103(a) rejection of claims 11-13 and 21-23                      
                over Dinicolantonio in view of Ferguson.                                                     
                      The decision of the Examiner is affirmed.                                              





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