Ex Parte Barbus et al - Page 6

               Appeal 2007-0200                                                                             
               Application 10/445,466                                                                       
               selectively blown through only either the main nozzles or the auxiliary                      
               nozzles to the exclusion of the other nozzles.  Rather, removable plugs can                  
               be inserted within the main nozzles 36' or auxiliary nozzles 38' to selectively              
               prevent gas flow therethrough (Watkins, col. 12, ll. 37-43).                                 
                      Watkins touts as an advantage that                                                    
                            in the deskulling operation using the single circuit                            
                            design, oxygen gas is only blown through the                                    
                            auxiliary nozzles, the main nozzles being plugged.                              
                            During deskulling with the double circuit lance                                 
                            design, oxygen gas is blown from the auxiliary                                  
                            nozzles and an inert gas is blown from the main                                 
                            nozzles.  Thus, in both the single and double                                   
                            circuit lance designs, due to blowing inert gas or                              
                            plugging the main nozzles, the main nozzles are                                 
                            not clogged with skull and the furnace walls are                                
                            not damaged.                                                                    
               (Watkins, col. 4, ll. 27-36.)                                                                
                      We find nothing in Appellants' claims or Specification that defines                   
               "deskulling nozzles" as nozzles having the capability of having oxygen-                      
               containing gas blown therethrough to melt skull, much less as nozzles                        
               through which oxygen-containing gas is in fact blown to melt skull.  As                      
               evidenced by the above findings, both the main and auxiliary nozzles of                      
               Watkins are used in deskulling and are thus "deskulling nozzles" as claimed.                 
                      Appellants argue that the small angle of divergence of the main                       
               nozzles from the lance longitudinal axis renders them incapable of                           
               functioning as deskulling nozzles or, stated differently, of melting skull from              
               the refractory walls (Appeal Br. 12 and 13).  Appellants have not provided                   
               evidence that this is the case, however.                                                     



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