Appeal No. 97-0176
Application No. 08/313,604
similarly rendered ineffective by orientating the potential
leakage paths such that they are at approximately 90E to the
longitudinal axis of the end plug (main brief, sentence
bridging pages 5 and 6). Thus, in our view, Van Dievoet does
render ineffective at least some defects forming fluid leakage
paths through the end plug.
Appellants argue (main brief, page 11) that the claims
require a minimization of leakage paths through the end plug,
not just a portion of the end plug. However, as we have
indicated above, the claims do not require "a minimization of
leakage paths." The claims actually require that the leakage
paths be minimized, eliminated or rendered ineffective.
Further, the language "through the end plugs" does not
distinguish the claimed subject matter over Van Dievoet. The
leaks paths 5 shown in Figure 4 of Van Dievoet which are
rendered ineffective (see discussion above) do, in fact,
extend through the end plug.
With respect to claim 9, appellants argue (main brief,
page 14) that Van Dievoet fails to teach the steps of forming
an ingot into a flat plate having a material extension
direction and forming an elongated blank from the flat plate
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