Appeal No. 1997-4237
Application No. 08/665,992
circumscribe a particular area with a reasonable degree of precision and particularity. In
re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238 (CCPA 1971).
Here, the examiner asserts that the claims are indefinite regarding the optimal tilt
angle and that therefore any angle could be optimal. (Answer, pages 3 and 4).
Appellant points out that his specification adequately defines the optimal tilt angle,
and that therefore the clams are definite in this regard. (Brief, page 5).
Moreover, pages 15 and 16 of appellant=s specification describes how the optimal
tilt angle is determined, using sensors which measure the degree of tilt, the amount of
metal poured into the ladle, the slag height, and an algorithm tailored to the historically
determined optimal tilt angles or calculated from furnace geometry.
Therefore, in light of the specification, the challenged language is sufficient for
defining the subject matter of the claims, and we reverse the examiner=s rejection.
II. The Art Rejections
A. The 35 U.S.C. ' 102(b) rejection of claims 1-4, 6-8, and 10 as being anticipated
by Ford
The examiner states that Ford teaches all of the aspects of rejected claims 1-4, 6-8, and
10. (Answer, page 4). Appellant argues, inter alia, that his claimed invention adjusts to the
changing wear conditions of the furnace lining, and that Ford does not disclose this aspect
of his claimed invention. (Brief, pages 7 and 8).
We agree with appellant=s statement mentioned above. That is, we cannot find any
disclosure in Ford that satisfies the limitation of Asaid optimal angle calculated as a
function of the furnace geometry and historical data of furnace lining wear@ as recited in
appellant=s method claim 1. Nor does the examiner specifically point out any disclosure in
Ford that sets forth this limitation or any structure capable of performing this function.
Hence, we reverse the 35 U.S.C. ' 102(b) rejection of claims 1-4, 6-8, and 10 as being
anticipated by Ford.
3
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007