Ex Parte DRILLON et al - Page 3




               Appeal No. 2003-0651                                                                       Page 3                  
               Application No. 09/348,761                                                                                         


                                                           OPINION                                                                
                      In reaching our decision in this appeal, we have given careful consideration to                             
               the appellants’ specification and claims, to the applied prior art references, and to the                          
               respective positions articulated by the appellants and the examiner.  As a consequence                             
               of our review, we make the determinations which follow.                                                            
                      Delans discloses a one pass rolling mill comprising a pair of rolls 10, 11 and a                            
               rolling mill plug 14 having a configuration which includes a plurality of “frusta-conical”                         
               portions 17, 18, 19 respectively spaced longitudinally from one another by cylindrical                             
               portions 20, 21, 22 which are of different diameters and lengths (column 2, lines 20-24).                          
               As disclosed in column 3, line 14 et seq., the working of the metal of the pierced shell                           
               (blank) S occurs primarily on the three intermediate portions 18, 21 and 19 of the rolling                         
               mill plug 14.  The leading “frusta-conical” portion 17 and the following cylindrical portion                       
               20 also function in stopping cobble which occurs due to irregularity in the inner surface                          
               of the pierced shell S and additionally ensure the proper alignment of the one pass                                
               rolling mill plug with the pierced shell S (column 3, lines 36-41).  Delans lacks first and                        
               second symmetrical parts of revolution each having “a symmetrical surface of revolution                            
               and a meridian of parabolic shape and a part for calibrating said at least one main part                           
               and said reinforced part of said guide tube, respectively” as called for in paragraph d) of                        
               claim 13.  Specifically, none of the portions of Delans’ rolling mill plug has a meridian of                       
               parabolic shape; all surfaces are either “frusta-conical” or cylindrical.                                          








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