Ex Parte Hohenbichler et al - Page 4

               Appeal 2007-3581                                                                            
               Application 11/203,777                                                                      

                                                OPINION                                                    
                      We determine the following factual findings from the record                          
               presented in this appeal:                                                                   
                      (1) WO ‘612 discloses a strip-casting device for producing a cast                    
               metal strip of various thicknesses, a rolling stand downstream of the strip-                
               casting device used for in-line deforming of the cast, undivided metal strip,               
               and a strip-diverting device (steering device 14) between the strip-casting                 
               device and the rolling stand (Abstract; 1:9-14; 4:4-18; 5:6-25; and 6:20-33);               
                      (2) WO ‘612 teaches the use of side dams to confine the casting pool                 
               and thus determine the width of the cast metal strip (1:22-24 and 7:3-9);                   
                      (3) WO ‘612 teaches the problem of “wandering” of the cast metal                     
               strip along its processing path, and the need for control of the direction and              
               the tension of the cast metal strip along its path (Abstract; 1:29-34; 2:1-4;               
               2:18-23; 3:9-10; 3:15-21; 4:4-18; 8:23-34; 9:5-12; 10:16-11:12; and 12:28-                  
               33);                                                                                        
                      (4) WO ‘612 exemplifies the strip-diverting device in relation to the                
               rolling stand as about four widths of the cast metal strip (see Fig. 4); and                
                      (5) JP ‘359 and JP ‘743 both teach the use of side dams at the ends of               
               the rolls so that the width of the cast metal strip may be varied (Answer 3;                
               JP ‘359, 2 (last four lines); 4:1-2; 7 (second full paragraph); 8 (first full               
               paragraph); 10 (last three lines); and Fig. 1; JP ‘743, 4 (second full                      
               paragraph); 5 (first paragraph); 7 (last full paragraph); and 8 (first three                
               paragraphs).                                                                                
                      Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a               
               determination of: (1) the scope and content of the prior art; (2) the                       


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