Ex parte CARTER et al. - Page 2




              Appeal No. 1998-0810                                                                 Page 2                
              Application No. 08/537,966                                                                                 


                                                    BACKGROUND                                                           
                     The appellants’ invention relates to a system for controlling the flow of melt from a               
              cold wall induction guide tube mechanism.  An understanding of the invention can be                        
              derived from a reading of exemplary claim 1, which appears in the appendix to the                          
              appellants’ Brief.                                                                                         
                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Sawyer et al. (Sawyer ‘566)               5,348,566                    Sep. 20, 1994                       
              Sawyer et al. (Sawyer ‘206)               5,366,206                    Nov. 22, 1994                       
                     Claims 1-8 and 10-20 stand rejected under 35 U.S.C. § 103 as being unpatentable                     
              over Sawyer ‘206 in view of Sawyer ‘566.                                                                   
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                   
              appellants regarding the above-noted rejection, we make reference to the Answer (Paper                     
              No. 12) for the examiner's complete reasoning in support of the rejections, and to the Brief               
              (Paper No. 11) for the appellants’ arguments thereagainst.                                                 
                                                       OPINION                                                           
                     In reaching our decision in this appeal, we have given careful consideration to the                 
              appellants’ specification and claims, the applied prior art references, the respective                     
              positions articulated by the appellants and the examiner, and the guidance provided by our                 










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