Ex Parte ZACHARIAS - Page 3



          Appeal No. 2001-0220                                                        
          Application No. 09/244,044                                                  

               30.  A dam for a tundish comprising:                                   
               a body of refractory material and having an upstream side              
          and a downstream side;                                                      
               said dam having holes consisting essentially of a pair of              
          holes substantially uniformly spaced across the width of said               
          dam;                                                                        
               said dam having a bottom, and a top, and a height dimension            
          corresponding to the distance between said bottom and said top;             
          and                                                                         
               wherein the distance from said bottom to the closest edge of           
          each hole is from 25 mm to 50% of the height of said dam,                   
          measured on said upstream side of said dam.                                 
               In the rejection of the appealed claims, the examiner relies           
          upon the following references:                                              
          Soofi (Soofi '175)            5,064,175             Nov. 12, 1991           
          Soofi (Soofi '667)            5,295,667             Mar. 22, 1994           
          Schmidt                       5,551,672             Sep. 03, 1996           
               Appellant's claimed invention is directed to a tundish                 
          comprising a dam which extends upwardly from the tundish floor "a           
          distance between about 40-60% of the normal maximum operating               
          level of molten steel in said tundish" (claim 13, last two                  
          lines).  Appellant also claims a kit comprising an impact pad and           
          the dam for use in a tundish, and a dam, per se (claims 30-32).             
               Appealed claims 13, 15-19 and 24 stand rejected under                  
          35 U.S.C. § 102(e) as being anticipated by Schmidt.  Claims 30              
          and 31 also stand rejected under 35 U.S.C. § 102(e) as being                

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