Appeal No. 1997-3636
Application No. 08/584,642
In the present case, the limitations of interest are the first
and second steps recited in claim 1 (emphasis added):
melting the first high melting temperature component to
form a molten first component;
providing a fluidic stream of said molten first
component.
In attempting to read these steps on Takagi, we do not find,
nor does the examiner point out, any express disclosure in
Takagi of melting the "first component," i.e., the starting
material in crucible 23 (chromium in Example 4).
Alternatively, the examiner has presented no reasons as to why
it would be inherent that the Takagi starting material would
be melted, but simply makes the conclusory statement that "In
any event the Cr of the reference also melts prior to
vaporization" (answer, p. 3). This statement is not
persuasive because, with particular reference to Example 4 of
Takagi, it does not appear to us that melting of the chromium
would necessarily inherently occur, since the temperature of
the crucible, given as 1650°C in Table 6, is below the melting
point of chromium, 1857 ± 20°C. 3
3 CRC Handbook of Chemistry & Physics, 64th Ed. (1984),
p. B-10.
4
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