Ex Parte Lehman - Page 7

                 Appeal 2007-0881                                                                                      
                 Application 10/250,972                                                                                

                 evidence to support the conclusions submitted, which thus appear to us to be                          
                 speculative in nature.  Levy, 17 USPQ2d at 1462-64.  Indeed, one of                                   
                 ordinary skill in the art would have found in Narita the teaching that each of                        
                 the electromagnetic coils in the two sets thereof, each set surrounding a                             
                 respective short side of the mold, would function in concert with the others                          
                 to maintain the circular, “U turn,” rotation of the horizontal flow of the                            
                 molten metal parallel to the sides of the mold, which includes acceleration of                        
                 the flow by electromagnetic coils 2d,2g situated with respect to the mold as                          
                 claimed.  On this record, this reasonably requires a direction of the magnetic                        
                 field generated by the electromagnetic coils in the direction of the flow of                          
                 the molten metal parallel to the walls of the mold, as indicated by the arrows                        
                 in the molten metal as well as above the electromagnetic coils, and not the                           
                 claimed direction of the magnetic field.                                                              
                        Accordingly, in the absence of a prima facie case of anticipation and                          
                 of obviousness, we reverse the grounds of rejection under 35 U.S.C.                                   
                 §§ 102(b) and 103(a).                                                                                 














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