Appeal 2006-3058
Application 10/386,070
Green discloses that components vaporized from the asphaltic components
condense within, and do not leave, the mixing zone 49 (see FF 9).
Therefore, we find that Green fails to disclose, either expressly or inherently,
the claimed features of Appellant’s secondary combustion air supply.
Accordingly, the rejection of claims 1, 6-8, 11-13, and 20-23 under
35 U.S.C § 102(b) as anticipated by Green is reversed. Because the
rejections of claims 2, 9, 14, and 15 under 35 U.S.C § 103(a) are similarly
based on the Examiner’s finding that Green discloses the claimed secondary
combustion air supply, we also reverse these rejections.
REVERSED
clj
Joseph B. Bowman
5441 East Gleneagles Dr.
Tucson, AZ 85718-1805
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