Appeal No. 2006-2390
Application No. 10/659,817
metal filter is in the form of one or more porous ceramic
closed-ended, cylindrical filter body elements (21) that rest
upon the surface of the sealing plate (11). Stankiewicz
discloses the molten metal flows through the ceramic material of
the cylindrical elements and through the sealing plate element
to be further flowed downstream. (Col. 3, ll. 12-35).
According to the Examiner, Stankiewicz describes a filter
apparatus that operates in substantially the same manner and
achieves substantially the same results as the claimed
invention. (Answer, p. 3). The Examiner relies on In re
Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) for the premise
that motivation to alter the shape or configuration of an
apparatus or component would have been obvious to one of
ordinary skill in the art. (Answer, p. 3).
We agree with Appellant that the Examiner has not
established a prima facie case of obviousness. Stankiewicz
describes a porous ceramic molten metal filter that comprises
two cylindrical bodies. Stankiewicz fails to disclose a filter
body having a beveled end opposite the mounting portion as
required by the independent claims. The Examiner states
“Stankiewicz includes beveled ended connection (49) for the
bottom portion of the sealing means, inclusion of such beveling
also on the upper portion of the cylinder (29), which would also
meet the requirement of a ‘beveled end’ on the filter body
portion, for the purposes of connecting plate (31) to the top of
the cylinder would also not cause any height reduction of the
cylinder” (Answer, p. 5). The Examiner has not provided
adequate motivation for modifying the filter body elements of
3
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007