Appeal No. 98-0393
Application No. 08/450,271
We also agree with the examiner that it would have been
obvious for one of ordinary skill in the art to roll the
refractory body into position, as required by claims 12 and
18. In our view, it would have been obvious for one of
ordinary skill in the art to roll Koffron's specifically
disclosed octagonal pyramid body, with the understanding that
it would have been obvious to round off the eight edges of the
body to prevent damage thereto. Since rolling was admittedly
known in the art as a way of introducing spherically shaped
vortex inhibitors, it would have been obvious for one of
ordinary skill in the art to modify the octagonal pyramid body
of Koffron in the manner of appellant to facilitate rolling
the body into position.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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