Ex Parte Schneider et al - Page 4

               Appeal 2006-2439                                                                           
               Application 09/986,446                                                                     

               invention to perform the method of filtering molten metal using the device                 
               of Takayuki that comprises a deep-bed filter in the second filtering step                  
               (Answer 3).                                                                                
                     Appellants argue that it would not have been obvious to a person of                  
               ordinary skill in the art to modify the arrangement of Takayuki, because the               
               arrangement of Gesing is completely different from that of Takayuki (Br.                   
               10).  Appellants assert "it is only the inventors herein who discovered the                
               special benefits that arise from the particular kinds of filters and their                 
               arrangement relative to the grain refining material feed that are set forth in             
               claims 12 and 24" (Br. 10).                                                                
                     Appellants' arguments are not persuasive.  The present record                        
               indicates that persons of ordinary skill in the art recognized that metal melts            
               could be filtered during casting processes (Specification 1).  The present                 
               record also indicates that various types of filters were known for filtering               
               metal melts including loose bed filters (Specification 2 and 3).  The Gesing               
               reference has been relied upon by the Examiner as further evidence of what                 
               is recognized by persons of ordinary skill in the art.  In particular, Gesing              
               discloses that metal melts could be processed through multiple filters                     
               including a loose (deep) bed filter which are suitable for removing inclusions             
               from the molten metal (Col. 4, ll. 9-17).  Takayuki describes a device and                 
               method for removing inclusions from molten metal, which employs multiple                   
               filters.  As such, persons of ordinary skill in the art would have recognized              
               that molten metal melts could have been filtered in a device that comprised                
               multiple filters including a second loose-bed filter.  It is recognized that               
               Takayuki discloses a preference for a "disposable" second filter.  However, a              
               person of ordinary skill in the art would have recognized that the function of             

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