Ex Parte Vrolijk et al - Page 4

                Appeal 2007-3496                                                                             
                Application 10/344,472                                                                       

                the same flame” the presence of which is detected by optical monitoring                      
                means 30 (id.).                                                                              
                      Appellants contend the Examiner’s interpretation of de Haan and thus                   
                that the optical monitor determines when the flame sweeps over the ignition                  
                electrode is not supported by the disclosure in the reference (Br. 7-8)                      
                Appellants contend optical fiber 13 is connected to a receiver and transducer                
                which measure the intensity of the flame during operation of the burner, and                 
                ignition electrode 8 detects flame generated in tubular element 6, which is                  
                disclosed to provide separate control of the flame in the tubular element and                
                the flame in the burner (id., citing de Haan col. 3, ll. 6-19 and 65-68; see                 
                also Reply Br. 1-2).  Appellants contend it can be seen in                                   
                de Haan Fig. 2 that “when a pilot flame is present inside the tubular element                
                6, the flame would not appear to be detected by the infrared detector 30,                    
                which is located outside the tubular element 6,” and “if the main flame is                   
                ignited by the pilot flame, and the pilot flame goes out, the infrared detector              
                30 would not appear to be able to detect this” (id. 8).  Appellants contend de               
                Haan “teaches that a small flame is first generated in the tubular element and               
                is monitored and controlled by the ionization electrode,” and “[t]hen, the                   
                small flame generates the main flame outside the tubular element, and it is                  
                this main flame that is monitored by the optical monitoring means (30)” (id.                 
                8-9, citing de Haan col. 4, ll. 37-56).                                                      
                      We find de Haan would have disclosed to one of ordinary skill in this                  
                art burner 1 for start-up operations in which, for example, it is “used for                  
                ignition of a main burner operating on, for example, pulverized coal” in                     
                combustion chamber 5, wherein the burner is provided with an ignition                        


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