Ex Parte SCHONBECK et al - Page 5



          Appeal No. 2005-0614                                                        
          Application No. 09/171,735                                                  

          sequence.  This is because Nitou unambiguously teaches that the             
          quantity of his casting machine charge may correspond to the                
          quantity of hot strip product (e.g., see the first paragraph on             
          translation page 6 as well as the third paragraph on translation            
          page 3).  Thus, for example, a 100 ton charge from Nitou’s casting          
          machine may correspond to a 100 ton hot strip order.  In light of           
          this disclosure, we are convinced that one with ordinary skill in           
          the art would have found it obvious to form Nitou’s continuous slab         
           S1  (which corresponds to the Appellants’ claimed continuous               
          precursor strip) “of a complete casting sequence” from a continuous         
          casting plant in which the continuous precursor strip is produced.          
               We observe that the Appellants, in their brief, stress the             
          fact that Nitou teaches non-continuous rolling of his slab S1               
          (e.g., see pages 4 and 5 of the brief).  While this is true, it             
          does not militate against our above noted conclusion of                     
          obviousness.  The non-continuous rolling of Nitou’s continuous slab         
           S1 is depicted in parts A and B of Nitou’s Figure 1 and corresponds        
          to the similarly non-continuous rolling steps disclosed in the              
          subject specification and defined by appealed claim 6 in the second         
          through fifth steps thereof.  This non-continuous rolling operation         
          is simply irrelevant to whether Nitou teaches or suggests a                 

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