Ex parte FISH - Page 6




          Appeal No. 95-4615                                                          
          Application No. 08/158,853                                                  


          1044, 1051, 5 USPQ2d 1434, 1438 (Fed. Cir. 1988) stated, "it                
          is impermissible to use the claims as a frame and the prior                 
          art references as a mosaic to piece together a facsimile of                 
          the claimed invention."                                                     
               With respect to claims 20 through 24, the examiner                     
          appears to recognize that neither the Hawke reference nor the               
          Beckman reference describes the furnace lid structure recited.              
          We also note that the Hawke and Beckman references, either                  
          individually or in combination, do not teach or suggest a                   
          furnace lid having a center panel block and a skewback each                 
          containing step portions, with a plurality of blocks having                 
          spaced apart step portions extending from the skewback to the               
          center panel block to form a substantially arch shape.  The                 
          examiner, however, alleges that this claimed furnace lid                    
          features are no more than an obvious design choice.  This                   
          allegation is unsupported by any facts.  There is no evidence               
          whatsoever that the claimed furnace lid features are an                     
          obvious design choice.  Nor is there any evidence that the                  
          claimed furnace lid features would have been suggested to one               
          of ordinary skill in the art.                                               


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