Appeal 2007-3496
Application 10/344,472
The dispositive issue is whether prima facie one of ordinary skill in
this art would have found in de Haan the teachings or inferences1 that the
burner apparatus containing ignition electrode 8, which can detect flame
generation in tubular element 6 via ionization, and optical detector 30, which
monitors flame generation in the reactor, act together in determining when
the combined pilot flame produced in element 6 sweeps over ignition
electrode 8, as found by the Examiner (Answer 3-4 and 7-8, citing de Haan
col. 2, ll. 47-64, col. 3, ll. 3-21 and 65-68, and col. 4, ll. 37-54).
The Examiner contends de Haan teaches ignition electrode 8 and
optical monitor 30, coupled to optical fiber 13, “provide for control of the
flame formed within tubular element (6) and outside of the burner . . . but
does not explicitly provide . . . that the flame control is provided through
adjusting of the mixing ratio of the gas-air mixture (Answer 4, citing de
Haan col. 3, ll. 12-21). The Examine contends that the pilot flame “ignites
an additional flame in tubular element (6),” which flame is “termed both the
‘resulting flame’ . . . and later the ‘small flame’[,] . . . is distinguished from
the initial pilot flame,” and “serves to ignite the main burner flame” (id. 7,
citing de Haan col. 2, l. 64, to col. 3, l. 5, col. 4, ll. 43-46, and Fig. 3). The
Examiner contends “once the main flame . . . is formed, the small or
resulting flame[] and the main flame are considered to then become part of
1 It is well settled that a reference stands for all of the specific teachings
thereof as well as the inferences one of ordinary skill in this art would have
reasonably been expected to draw therefrom, see In re Fritch, 972 F.2d
1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir. 1992); In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on
the part of this person. In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774
(Fed. Cir. 1985).
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