Ex Parte Hohenbichler et al - Page 2

               Appeal 2007-3581                                                                            
               Application 11/203,777                                                                      

               device, at least one rolling stand, and a strip-diverting device along the path             
               of the metal strip between the strip-casting device and the rolling stand,                  
               spaced at a distance of 1.0 to 10.0 times the width of the strip upstream of                
               the rolling stand (Br. 2).  Independent claim 22 is illustrative of the invention           
               and a copy of this claim is reproduced below:                                               
                      22. Apparatus for continuous production of a rolled metal strip                      
               comprising:                                                                                 
                      a strip-casting device for producing a cast metal strip having an initial            
               strip thickness when produced of less than 20 mm, and the strip passing                     
               from the strip casting device along a path;                                                 
                      at least one rolling stand downstream of the strip-casting device along              
               the path and the rolling stand is adapted for in-line roll deforming of the cast,           
               undivided metal strip;                                                                      
                      a strip-diverting device along the path of the metal strip between the               
               strip-casting device and the rolling stand, wherein the strip-diverting device              
               is spaced at a distance of 1.0 times to 10.0 times the width of the strip                   
               upstream of the rolling stand.                                                              
                      The Examiner has relied on the following prior art references as                     
               evidence of obviousness:                                                                    
               Takahara (JP ‘743), as translated          JP 63-157743            Jun. 30, 1988            
               Hasegawa (JP ‘359), as translated        JP 02-070359            Mar. 09, 1990              
               Ziegelaar (WO ‘612)                            WO 01/58612 A1      Aug. 16, 2001            
                                          ISSUES ON APPEAL                                                 
                      Claims 22-43 stand rejected under 35 U.S.C. § 103(a) as unpatentable                 
               over WO ‘612 in view of either JP ‘359 or JP ‘743 (Answer 3).                               
                      Appellants contend that there is no disclosure in any applied reference              
               as to the distance between the strip-diverting device and the rolling stand                 
               (Br. 3).                                                                                    


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