Appeal 2006-2551
Application 09/423,911
Daly is capable of hot rolling at a temperature of 260-280ēC. Whether the
“means” taught by Daly actually does have a hot rolling exit temperature of
260-280ēC. is irrelevant to claims directed to an apparatus. See In re
Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir.
1997).
Appellants also argue that Windhaus fails to teach what Daly lacks
(Br. 7; Reply Br. 2). Therefore Appellants do not dispute the findings from
Windhaus made by the Examiner.
For the foregoing reasons and those stated in the Answer, we
determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence. Based on the totality of the
record, including due consideration of Appellants’ arguments, we determine
that the preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of § 103(a). Therefore we AFFIRM the
rejection of claims 7 and 8 under § 103(a) over Daly in view of Windhaus.
C. Summary
The decision of the Examiner is AFFIRMED.
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