Ex Parte HARTMAN et al - Page 7




          Appeal No. 2001-2187                                                        
          Application No. 09/333,356                                                  
          aware of the problem of orifice plate distortion (Column 1, lines           
          59-60).                                                                     
               Coggin’s deflector plate also “partially impedes” the flow of          
          molten glass.  Further, it must be attached to a first and second           
          wall, while being spaced by a gap between a third and a fourth              
          wall. (See figure 3, ref. numeral 56).                                      
               Accordingly, although not stated with any specificity in the           
          examiner’s rejection, we also come to the parallel conclusion that          
          one of ordinary skill in the art would have been motivated to               
          import the bushing structure of Coggin into the furnace apparatus           
          of Demaschquie for its superior advantages, i.e. reducing direct            
          impingement of the glass on, and deflecting particles away from,            
          the orifice plate.                                                          
               However, we agree with the appellant and find that the claim           
          limitation that the baffle unit must be in the chute not to be met          
          by the examiner’s proposed combination of references.  Coggin’s             
          diverting plate 56, when swapped with Demaschquie’s bushing,                
          results in a structure wherein the “baffle” is in the bushing.              
          While we agree with the examiner that the baffle is nonetheless             
          within the flow path of the melted glass; the claim requires the            
          baffle to be in the chute itself.  The claimed chute is part of             
          the refractory melting receptacle; and not part of the                      


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