Ex parte ROY et al. - Page 5




          Appeal No. 2000-1274                                                        
          Application No. 08/977,286                                                  


          entirely different functions.  In fact, a descaler would                    
          normally be used in conjunction with (prior to) breakdown roll              
          stands, as disclosed by Kovacs at col. 4, lines 56 to 60,                   
          rather than instead of them.  Absent any teaching or                        
          suggestion that billets from breakdown roll stands should be                
          returned to the furnace for reheating prior to further                      
          rolling, the examiner’s apparent conclusion that it would have              
          been obvious to provide breakdown roll stands at the same side              
          of Neumann’s furnace as rollway 10 seems to be based entirely               
          on impermissible hindsight gleaned from appellants’ own                     
          disclosure.                                                                 
               Accordingly, the rejection of claims 1 to 4 and 6 will                 
          not be sustained.                                                           
          Conclusion                                                                  
               The examiner’s decision to reject claims 1 to 4 and 6 is               
          reversed.                                                                   


                                   REVERSED                                           






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