Appeal No. 96-1597 Page 4
Application No. 08/152,523
Corp., 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1052 (Fed. Cir.),
cert. denied, 488 U.S. 825 (1988).
Independent claim 1 is directed to a method of solidifying
molten metal. The opening steps of the claim provide that the
molten metal be located in a mold in a heating chamber that has
an open bottom, a molten bath of quenching material located
below the heating chamber, and a thermal insulating layer on
the molten bath of quenching liquid. The final step of the
claim recites that the mold is moved out of the heating
chamber, through the thermal insulating layer, and into the
molten bath of quenching metal. In addition, the claim
requires, prior to the final step, the step of
moving said molten bath of quenching material
relative to said heating chamber so that said open
bottom is closed by said thermal insulating layer.
The importance of this step to the inventive method has been
explained on pages 2 and 3 of the specification.
It is the examiner’s position that “Salkeld substantially
shows the claimed inventive [sic, invention] except [for] the
type of insulative material used” which, however, is taught by
Matsunaga, and that it would have been obvious to one of
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