Ex Parte Vrolijk et al - Page 2

                Appeal 2007-3496                                                                             
                Application 10/344,472                                                                       

                      Claim 1 illustrates Appellants’ invention of a control method for                      
                providing a gas flow and a combustion air flow in a gas-air mixture to a                     
                burner to produce a burner flame, and is representative of the claims on                     
                appeal.                                                                                      
                      1. A control method for providing a gas flow and a combustion air                      
                flow in a gas-air mixture to a burner to produce a burner flame, and for using               
                a sensor that produces an ionization signal to adapt the gas-air mixture to                  
                different gas qualities, the method comprising the steps of:                                 
                      optically determining when the burner flame sweeps over the sensor;                    
                      using the ionization signal of the sensor for setting a mixing ratio of                
                the gas-air mixture when the burner flame sweeps over the sensor; and                        
                      setting the mixing ratio of the gas-air mixture based on the gas flow                  
                and the combustion air flow when the burner flame does not sweep over the                    
                sensor.                                                                                      
                      The Examiner relies on the evidence in these references:                               
                de Haan           US 4,595,353           Jun. 17, 1986                                       
                Sebastiani           WO 97/36135          Oct. 2, 1997                                       
                      The Examiner applies de Haan  in view of Sebastiani to all the claims                  
                under 35 U.S.C. § 103(a), the ground of rejection submitted for review on                    
                appeal by Appellants (Answer 3-6; Br. 7).                                                    
                      The claimed method encompassed by claim 1 comprises at least the                       
                steps of optically determining when the burner flame sweeps over a sensor                    
                that produces an ionization signal, using the ionization signal when the                     
                burner sweeps over the sensor to set a gas-air mixing ratio, and when the                    
                burner does not sweep over the sensor, setting the gas-air mixing ratio based                
                on the gas flow and the combustion air flow.                                                 




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