Ex Parte Pasulka - Page 2



          Appeal No. 2005-2687                                                        
          Application 10/322,194                                                      

               12.  A piece of cut metal formed by a metal cutting                    
          apparatus, comprising:                                                      
               first and second surfaces, said first and second surfaces              
          being disposed on opposite sides of said cut metal; and                     
               an edge connecting said first and second surfaces, wherein             
          said edge has a grain pattern that is not perpendicular to said             
          first and second surfaces of said cut metal.                                
               21.  A piece of cut metal formed by a metal cutting                    
          apparatus, comprising:                                                      
               a metal base; and                                                      
               a cooled slag semi-adhering to the metal base.                         
               The examiner relies upon the following references in the               
          rejection of the appealed claims:                                           
          Jones                    2,289,786           July 14, 1942                  
          Babcock                  2,301,923           Nov. 17, 1942                  
          Meincke                  2,470,999           July 28, 1944                  
          Bissonnette              5,944,915           Aug. 31, 1999                  
               Appellant’s claimed invention is directed to a piece of                
          cut metal having slag semi-adhered to the metal base.                       
               Claims 9-15, 21 and 22 stand rejected under 35 U.S.C.                  
          § 103(a) as being unpatentable over any one of Bissonnette,                 
          Babcock, Meincke or Jones.  Claims 21 and 22 stand rejected                 
          under 35 U.S.C. § 102(b) as being anticipated each of                       
          Bissonnette, Babcock and Jones.                                             



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