Ex parte KOFFRON - Page 3




          Appeal No. 98-0393                                                          
          Application No. 08/450,271                                                  


          refractory body is maintained in an upright orientation that                
          generally conforms with the shape of the vortex as the molten               
          metal is discharged.  The refractory body is geometrically                  
          proportioned by shaping other than as a regular tetrahedron                 
          such that its center of gravity is below its center of buoyant              
          support.  The refractory body acts as a vortex inhibitor which              
          facilitates discharging the molten metal separately from a                  
          slag layer.                                                                 
               The present application is a continuation of U.S.                      
          Application No. 08/277,374 which, in turn, is a continuation                
          of U.S. Application No. 07/770,128, which application formed                
          the basis of an appeal to this Board (Appeal No. 93-4088).  In              
          a decision dated November 30, 1993, this Board affirmed the                 
          examiner's rejection of the appealed claims over the same                   
          Koffron reference presently applied.  Claim 9 now on appeal                 
          generally corresponds to claim 9 in the grandparent                         
          application with the exceptions that the refractory body is                 
          now defined as "not a regular tetrahedron," and geometrically               
          proportioning the refractory body is now defined as "by                     
          shaping other than as a regular tetrahedron."                               



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