Appeal No. 2001-0220
Application No. 09/244,044
operating level of molten steel, it would appear that the
declarant states that the claimed dam height was known to him,
one of ordinary skill in the art. Accordingly, it is incumbent
upon the examiner and appellant to place of record whether the
Morales Declaration is evidence that the claimed dam height was
known in the art at the time of filing the present application.
Also, regarding claim 30 and other appealed claims of similar
scope, the examiner should determine whether Figure 5 of Schmidt
depicts a dam having a hole that is from 25 mm to 50% of the
height measured from the bottom of the dam to the closest edge of
the hole.
In conclusion, based on the foregoing, the examiner's
rejection of claims 13, 15-19, 24 and 30-32 is reversed, whereas
the examiner's rejection of claims 24 and 25-29 is sustained.
Accordingly, the examiner's decision rejecting the appealed
claims is affirmed-in-part. In addition, this application is
remanded to the examiner for the reasons set forth above.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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