Appeal No. 2002-2201 Page 5
Application No. 09/699,539
FIG. 1) via a valve (38, FIG. 1) to draw molten glass upward in
the extension above the level of the upper edge of the discharge
nozzle. Compressed air is connected to a pipe (35, FIG. 1) via a
valve (37, FIG. 1). The valves (38 and 37) are operated by an
arm (39, FIG. 1) and cam (41, FIG. 1) in what appears to be a
cyclical manner as evident by the construction thereof.
Here, the examiner has not reasonably explained why one of
ordinary skill in the art would have been led to employ the glass
feeder assembly of McCauley as a component of the apparatus of
Barkhau in a manner so as to arrive at the here claimed subject
matter. While the examiner asserts that such a feeder would be
helpful for controlling the flow of molten glass through an
orifice, the examiner has not explained how that feeder structure
would be applicable as an alternative or addition to the
apparatus of Barkhau. In this regard, we note that Barkhau
describes several apparatus embodiments and the examiner has not
established with any particularity how the combination of the
flow orifice and tubular member of McCauley would have been
suggested as being helpful in controlling molten casing glass
flow in any of the embodiments of Barkhau let alone established
how a modification of Barkhau resulting in the claimed structure
including a source of gas at continuous elevated pressure coupled
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