Ex parte KAWAMURA et al. - Page 5




                Appeal No. 95-2647                                                                                                       
                Application 08/068,105                                                                                                   

                        The claimed subject matter is directed to a refractory slide-gate plate for a slide gate device which            

                is connected to a ladle or a tundish used in a molding process for molten iron or steel.  The slide gate device          

                comprises two basic parts, a refractory fixed plate and a refractory slide-gate plate, each having a nozzle              

                hole.  When it is desired to cause the molten iron or steel to flow from the ladle or tundish, the nozzle hole           

                of the slide-gate plate is moved by a manipulating drive member into alignment with the nozzle hole in the               

                fixed plate.   Appellants’ invention is related to only the structure of the refractory slide-gate plate.                

                        Before we can apply the prior art, we must first define the metes and bounds of the claimed device.              

                It is well settled that claim language must be read in light of the specification as it would be interpreted by          

                one of ordinary skill in the art.  In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388  (Fed. Cir.                       

                1983); In re  Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238  (CCPA 1971).                                                

                        Claim 1 defines the refractory slide-gate plate as comprising a refractory base plate having a “ring             

                shape” and a refractory plate member which is “fixedly engaged with the inside of said ring-shaped                       

                refractory base plate to be integrated with said refractory base plate.”  Appellants have not defined, in                

                words, a “ring-shaped refractory base plate,” but illustrate in Figs. 2-7 a base plate 11 which has a                    

                recessed portion which has a ring shape.  Inside this ring shaped portion is the refractory plate member 13              
                which appears to be fixed to base plate 11 by material 15.    According to claim 1, an inert gas supply4                                                             

                groove is “formed on an inner peripheral portion of said ring shaped refractory base plate.”  In light of                


                        We note that appellants have not identified or defined material 15 in the specification.  Upon return of this4                                                                                                               
                application to the examiner, the examiner should consider whether the disclosure is enabling under the first paragraph   
                of 35 U.S.C. § 112 without material 15 having been identifed or defined in the specification.                            
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