Ex parte ROSS et al. - Page 8




              Appeal No. 1999-0545                                                                      Page 8                 
              Application No. 08/606,068                                                                                       


                      [e]mploying induction heating to pre-heat the belts results in consistent,                               
                      highly controllable temperatures.  In some instances it is desirable to elevate                          
                      the temperature at the edges of the belts to a higher degree then [sic, than]                            
                      the center of the belts or visa versa.  Through the use of the induction heating                         
                      this can be accomplished.  (column 5, lines 51-56).                                                      
                      It is our opinion that the artisan would have been taught by Ross the disadvantages                      
              in continuous casting machines of utilizing an infra red heater such as the gas heater                           
              disclosed by Wood for applying controlled heat to the endless elements utilized in the                           
              casting process, and the advantages of heaters of the induction type.   Thus, from our                           
              perspective, one of ordinary skill in the art would have found it obvious to replace the infra                   
              red edge dam block heaters of Wood with induction heaters, explicit suggestion being                             
              provided by the above-cited passages from Ross.  Interestingly, the                                              
              advantages set out by Ross are among those stated by the appellants on pages 1-4 of                              
              their specification.                                                                                             


                      We conclude that the combined teachings of Wood and Ross establish a prima                               
              facie case of obviousness with regard to the subject matter recited in independent claim 1,                      
              and we will sustain the rejection.  The appellants have chosen not to challenge with any                         
              reasonable specificity before this Board the rejection of dependent claims 2, 3, 6, 8 and 9                      
              (Brief, page 8).  This being the case, they are grouped with independent claim 1, from                           
              which they depend, and fall therewith.  See In re Nielson, 816 F.2d 1567, 1572,                                  









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