Ex parte KAWAMURA et al. - Page 6




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

                appellants’ specification, we interpret this to mean that a groove is formed at the peripheral portion of the            

                recessed portion of base plate 11 forming the ring and that the groove is formed between the peripheral                  

                portion of the recessed portion of base plate 11 and the plate member 13.  Claim 1 further defines the inert             

                gas supply groove for supplying inert gas into the nozzle hole as being on the slide surface of the refractory           

                slide gate plate.  We interpret this as meaning that the groove is located on the surface of the plate which             

                faces a fixed portion of the slide gate device.                                                                          

                        The examiner rejected claim 1, inter alia, under 35 U.S.C. § 103 over the combined teachings                     

                of Shapland and Russo.  According to the examiner, Shapland shows a slide-gate device comprising, inter                  
                alia, a refractory ring shaped base plate 18, a refractory plate member 112,  and an inert gas supply5                                          

                “groove” formed therebetween, presumably narrow closed passage 174 between base plate 18 and plate                       

                member 112 through which an inert gas can be passed.  We find that Shapland’s narrow passage 174 is                      

                not a groove on the surface of the element defined by base plate 18 and plate member 112 as required by                  

                appellants’ claim 1.                                                                                                     

                        The examiner relies on Russo as teaching that “in order to advantageously prevent infiltration of air            

                into the orifices of slide gate plates it is known to provide a groove reaching the sliding surface of the slide         

                gate plate connected to a non-oxidizing gas source and surrounding the orifice” (answer: p. 3).  The                     

                examiner concludes that “[b]ecause Shapland et al would also benefit from reduced oxidizing air infiltration,            


                        The examiner relied on Fig. 1 of Shapland in his rejection.  However, Fig. 1 of Shapland does not have5                                                                                                               
                reference numeral 112.  Fig. 2 of Shapland appears to be more appropriate for identifying the elements identified by the 
                examiner.                                                                                                                
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