Ex parte HUGO - Page 6




          Appeal No. 96-1597                                         Page 6           
          Application No. 08/152,523                                                  


          We do not agree.                                                            
               Salkeld does not teach that the heating chamber is movable             
          with respect to the tank that holds the quenching metal, but                
          rather that these two elements are fixedly mounted with respect             
          to one another (see column 2, lines 42-45).  Moreover, Salkeld              
          does not set forth any concerns regarding the level of the                  
          molten bath of quenching metal and, from our perspective, the               
          method and apparatus disclosed in this reference would                      
          accommodate a variance in such level merely by adjusting the                
          distance of the downward movement of the mold into the bath.                
          Thus, in our opinion, no support for the examiner’s position is             
          found in this reference.  Since Matsunaga does not even                     
          disclose a heating chamber, there is no support here, either.               
          We therefore fail to perceive any teaching, suggestion or                   
          incentive in either reference which would have led one of                   
          ordinary skill in the art to modify the Salkeld system so that              
          the molten bath of quenching material is moved with respect to              
          the heating chamber at all, much less that it would perform the             
          step of moving the molten bath relative to the heating chamber              
          in the manner required by claim 1.                                          









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