Appeal No. 98-0393 Application No. 08/450,271 refractory body, Koffron expressly discloses that "a square based pyramid body provides a greater shutdown ratio than the tetra-hedral body of the preferred embodiment, and an octagonal pyramid body effects a substantially greater shutdown ratio for the flow of molten metal through the nozzle" (column 4, lines 64 through column 5, line 1). Hence, when making the non-tetrahedron refractory body, it follows that Koffron necessarily performs the claimed step of geometrically proportioning the body to position its center of gravity below its center of buoyant support in order that its "body generally conforms with the shape of the vortex substantially along its entire length," as required in claim 1 of the reference. We fail to perceive any distinction between the claimed "geometrically proportioning . . . by shaping other than as a regular tetrahedron . . ." and geometrically proportioning the refractory body in accordance with the disclosure of Koffron for obtaining a square based or octagonal pyramid body. Appellant contends that the declarations of record establish that when the refractory body of Koffron is not of tetrahedral shape a weighting means must be added to the body -7-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007