Ex Parte SCHONBECK et al - Page 3



          Appeal No. 2005-0614                                                        
          Application No. 09/171,735                                                  

          into sections having a desired finished coil weight after said step         
          of rolling the continuous intermediate strip through the second             
          deformation stage; and                                                      
               changing the metallurgical characteristics of the continuous           
          intermediate strip by temperature control prior to said step of             
          coiling the continuous intermediate strip and speed control of said         
          continuous intermediate strip through the second deformation stage.         
          The reference set forth below is relied upon by the Examiner                
          as evidence of obviousness:                                                 
          Nitou et al. (Nitou)          JP 59-092103             May 28, 1984         
               All of the appealed claims are rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Nitou.2                                 
               We refer to the brief and to the answer for a complete                 
          exposition of the opposing viewpoints expressed by the Appellants           
          and by the Examiner concerning this rejection.                              
                                        OPINION                                       
               For the reasons set forth below, we will sustain this                  
          rejection.                                                                  
               In the answer, the Examiner identifies a number of features            
          recited in appealed independent claim 6 which he considers to               
          distinguish over the Nitou reference.  However, in their brief,             

               2 On page 3 of the brief, the Appellants indicate that the             
          appealed claims will stand or fall together.  Accordingly, in               
          assessing the merits of the above noted rejection, we will focus            
          only on claim 6 which is the sole independent claim before us.              
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