Ex Parte Kabeya et al - Page 11

                Appeal 2007-2421                                                                             
                Application 10/289,793                                                                       
                consider omitting the submersed support rolls.  (Kawamura                                    
                Declaration, p. 2).  Mr. Kawamura further testifies that he omitted the                      
                depiction of submersed support rolls from his drawings because he                            
                deemed it unnecessary since anyone skilled in the art reading the                            
                reference would understand that the CGL included submersed support                           
                rolls.  (Id. at 2).  Mr. Kawamura also testifies that, to the best of his                    
                knowledge, all hot-dip galvanizing lines (“CGLs”) in Japan had                               
                submersed support rolls.  (Id. at 1-2).  JFE also relies upon the                            
                declaration of Mr. Taguchi who is a person of skill in the art.  Mr.                         
                Taguchi testifies that he read the Kawamura reference and it is his                          
                understanding that submersed support rolls “must be” included in the                         
                Kawamura reference.  (Taguchi Declaration, p. 2).   Mr. Taguchi also                         
                testifies that, to the best of his knowledge, all operating CGL’s in                         
                Japan at the time of the invention were equipped with submersed                              
                support rolls.  (Id.).                                                                       
                      The Examiner did not credit the declarations of Mr. Kawamura                           
                and Mr. Taguchi.  The Examiner states that the declarations fail to                          
                demonstrate that Kawamura must have support rolls to function.                               
                (Answer, pages 8-9).                                                                         
                      The Kawamura reference identifies the molten bath of Figure 1                          
                as a conventional continuous settling tank.  (Kawamura, p. 8).  Mr.                          
                Kawamura and Mr. Taguchi have both testified that a conventional                             
                tank includes submersed support rolls.  Further, Mr. Kawamura and                            
                Mr. Taguchi have both testified that, to the best of their knowledge,                        
                all CGLs in Japan employ submersed support rolls.  Mr. Kawamura                              
                and Mr. Taguchi also testify that they believe that anyone of skill in                       
                the art reading Kawamura would understand that a submersed support                           

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