Appeal 2006-1199
Application 10/693,045
Fradeneck shows a metal making lance assembly, where the term
“assembly” denotes components employed together, but does not require
the mechanical attachment together of all of the components, including a
lance barrel and tip including a nozzle attached to the barrel (13) for
discharging gaseous or particulates into vessel (10), a sensor feed tube (16)
accommodating the passage of a disposable sensor (21), where the feed tube
(16) is external, coaxial, parallel to the axis of, separate and isolated from
fluid communication with the nozzle of [the barrel] (13), the sensor being
suitable for the measurement of bath temperature (see claim 3[,] for
example), and where the sensors comprise a plurality of sensors (see col. 3[,]
lines 33-50[,] for example), that are loaded into the tube (16) by loading
means (17) including sensor gripping means, and including control and data
receiver means (28, 69 and 70) meeting the requirements of instant claims
20-22, where a flow of pressurized gas is introduced into the sensor tube
(16)(see col. 2[,]lines 59-65[,] for example), thereby showing all aspects of
the above claims except the disposition of the sensor and sensor feed
tube…carried by the lance barrel . . . connected to the lance tip.
Although Fradeneck does not specifically show its sensor feed tube containing a
sensor being exteriorly attached to or carried by its lance (barrel having a nozzle)
for discharging a gaseous substance, it does teach that they can be arranged in a
parallel manner and used together in the same metal making vessel. See, e.g.,
Figure 1. Since one of ordinary skill in the art would have reasonably expected
them to produce the same functions and results in the same manner regardless of
whether they are attached or unattached (e.g., attached or unattached to maintain an
optimum distance, including the distance illustrated in Figure 1), we determine that
it would have been prima facie obvious to use them together in an attached or
unattached manner (e.g., exteriorly attached or unattached to maintain a distance
shown in Figure 1 of Fradeneck) to carry out the same purposes as taught by
Fradeneck.
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