Ex parte KOFFRON - Page 2




                Appeal No. 1997-4237                                                                                                    
                Application No. 08/665,992                                                                                              



                                adjusting said angle of tilt of said furnace to an optimal angle which provides   for                   
                                    minimal slag entertainment in liquid metal pouring through said tap, said                           
                                    optimal angle calculated as a function of the furnace geometry and historical                       
                                    data of furnace lining wear, for said amount of metal residuum.                                     
                                                                                                                                        
                  The references relied upon by the examiner are as follows:                                                            
                  Tenberg et al. (Tenberg)              4,544,140               Oct. 1, 1985                                            
                  Labate                               4,799,650               Jan. 24, 1989                                           
                  Ford et al. (Ford)                    4,986,517               Jan. 22, 1991                                           
                  Petrushka et al. (Petrushka)          5,203,909               Apr. 20, 1993                                           


                        Claims 1-12, 15, and 18 stand rejected under 35 U.S.C. '112, paragraph 2.                                       
                        Claims 1-4, 6-8, and 10 stand rejected under 35 U.S.C. ' 102(b) as being                                        
                  anticipated by Ford.                                                                                                  
                        Claims 1-4, 6-8, and 13-16 stand rejected under 35 U.S.C. ' 103 as obvious over                                 
                  Petrushka in view of Ford.                                                                                            
                        Claims 5, 17, and 18 stand rejected under 35 U.S.C. ' 103 as obvious over                                       
                  Petrushka in view of Ford, and further in view of Tenberg.                                                            
                        Claims 9-12 stand rejected under 35 U.S.C. ' 103 as obvious over Petrushka in                                   
                  view of Ford, and further in view of LaBate.                                                                          

                                                                OPINION                                                                 
                        For the reasons set forth below, we reverse each of the above-noted rejections.                                 

                  The 35 U.S.C. ' 112, Paragraph 2 Rejection                                                                            
                The examiner rejects claims 1-12, 15, and 18 as being indefinite under 35 U.S.C. ' 112,                                 
                paragraph 2.                                                                                                            
                        35 U.S.C. ' 112, paragraph 2, provides that A[t]he specification shall conclude with                            
                one or more claims particularly pointing out and distinctly claiming the subject matter which                           
                applicant regards as his invention.@  This requires only that the claims set out and                                    

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