Ex Parte Scott et al - Page 4




          Appeal No. 2002-2201                                       Page 4           
          Application No. 09/699,539                                                  


          USPQ 785, 787-788 (Fed. Cir. 1984).  Accordingly, we will not               
          sustain the examiner’s rejection.                                           
               The examiner has determined that Barkhau discloses an                  
          apparatus with associated orifices for forming a cased glass                
          stream from core and skin (casing) glass sources.  The examiner             
          acknowledges that Barkhau does not disclose a spout, spout tube             
          for controlling casing glass delivery, and a gas source at                  
          continuous elevated pressure coupled to the interior volume of              
          the spout tube, as here claimed.  According to the examiner,                
          however:                                                                    
               [i]t would have been obvious to a person of ordinary                   
               skill in the art at the time the invention was made to                 
               add the flow orifice and tubular member of McCauley to                 
               the apparatus of Barkhau et al because McCauley teaches                
               that the tubular member would have been helpful for                    
               controlling the flow of glass through the flow orifice.                
               The glass feeder of McCauley, to which the examiner refers,            
          is constructed for transferring glass from an extension (2, FIG.            
          1) of a tank or furnace (1, FIG. 1) containing molten glass (14,            
          FIG. 1).  The extension has a discharge orifice (upper edge 15 of           
          nozzle 16, FIG. 1) located at a height that is above the level of           
          the molten glass in the tank or furnace and a tubular member (19,           
          FIG. 1) associated therewith.  In order to discharge molten                 
          glass, McCauley employs a suction pump connected to a pipe (36,             








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