Ex parte CALCATERRA et al. - Page 11




          Appeal No. 97-0176                                                          
          Application No. 08/313,604                                                  


          with the longitudinal axis of the blank lying generally                     
          perpendicular to the direction of material extension resultant              
          from the formation of the ingot into the flat plate.                        
               We disagree.  Van Dievoet teaches the formation of a flat              
          plate.  An example of such a plate is illustrated in Figure 3.              
          As can be seen in Figure 3, the material of the plate extends               
          in a longitudinal direction (generally in the direction of                  
          arrow 5).                                                                   
          Figure 3 also shows that a cut out piece or blank 7 is formed               
          from the plate with the longitudinal axis of the cut out piece              
          or blank lying generally perpendicular to the direction of                  
          material extension of the plate.                                            
               For the reasons set forth above, the decision of the                   
          examiner to reject claims 1 and 9 under 35 U.S.C. § 103 is                  
          affirmed.                                                                   
          b. Claims 2, 4, 5 and 7                                                     
               The appellants have grouped claims 2, 4, 5 and 7 as                    
          standing or falling with claim 1.  Thus, it follows that the                
          decision of the examiner to reject claims 2, 4, 5 and 7 under               
          35 U.S.C. § 103 is also affirmed.                                           



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