Appeal No. 98-0393
Application No. 08/450,271
inserting a uniform refractory body of non-regular tetrahedron
shape having a specific gravity less than the specific gravity
of the molten metal, and geometrically proportioning the
refractory body by shaping it other than as a regular
tetrahedron so that its center of gravity is below its center
of buoyant support, thereby maintaining the body in an upright
orientation which generally conforms with the shape of the
vortex. Like the vortex inhibitor of appellant, the specific
gravity of the reference inhibitor "is adjusted to buoyantly
support the body at the interface of the layer of slag and the
layer of molten metal" (compare Koffron at column 2, lines 43-
46 with appellant's specification at column 7, lines 9-11).
Also, the body of Koffron's vortex inhibitor takes on the
shape of a tapered, polygonal body having an apex that is
oriented downwardly upon insertion in the molten metal (column
2, lines 8 et seq. and Figure 2). Since both the claimed and
referenced inhibitors have a specific gravity which buoyantly
supports the inhibitor at the interface of the molten metal
and slag layers, it follows that the center of gravity of the
referenced inhibitor is below its center of buoyancy. Also,
while a tetrahedron is the preferred shape of the referenced
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