Ex Parte Neff

Board of Patent Appeals and Interferences

Sep 12, 2006

10659817 (B.P.A.I. Sep. 12, 2006)

The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte DAVID NEFF
__________

Appeal No. 2006-2390
Application No. 10/659,817
___________

ON BRIEF
___________

Before FRANKFORT, WARREN, and JEFFREY T. SMITH, Administrative
Patent Judges.

JEFFREY T. SMITH, Administrative Patent Judge.

DECISION ON APPEAL

Appellant appeals the Examiner’s final rejection of claims
1 to 5, 11 to 17 and 19, all of the pending claims. We have
jurisdiction under 35 U.S.C. § 134.
Claims 1 to 5, 11 to 17 and 19 stand rejected under 35
U.S.C. § 103(a) as obvious over Stankiewicz.1
Appellant’s invention relates to an apparatus for filtering
molten metal. The apparatus comprises a filter body having a
beveled end. Representative claims 1, 4, and 13, as presented
in the Brief, are reproduced below:

1U.S. Patent 4,964,993 issued on October 23, 1990 to Stankiewicz.
Appeal No. 2006-2390
Application No. 10/659,817

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1. An apparatus for filtering molten metal before
entering a dosing tube, the apparatus comprising a mounting
portion; a filter body connected to the mounting portion,
the filter body having a beveled end opposite the mounting
portion; and a surface attached to and substantially
covering the beveled end.

4. An apparatus for filtering molten metal held in a
vessel before the metal enters a dosing tube, the apparatus
comprising:

an attachment portion dimensioned to attach to a
dosing tube; and

a closed filtering surface area attached to and
extending from the attachment portion to provide a
filtering surface, the closed filtering surface area
comprises a cylindrical portion having a beveled end distal
the attachment portion and a planar surface attached to the
bevel end.

13. An apparatus for filtering molten metal, the
apparatus comprising:

a vessel for holding molten metal;

a dosing tube disposed in the vessel; and

a filter attached to the dosing tube, wherein the
filter includes a beveled end.

We have carefully reviewed the claims, specification, and
applied prior art, including all the arguments advanced by both
the Examiner and Appellant in support of their respective
position. This review leads us to conclude that the rejection
of claims 1 to 5, 11 to 17, and 19 is not well founded. Our
reasons appear below.
Stankiewicz describes a multiple use porous ceramic filter
for the filtration of molten metal. The porous ceramic molten
Appeal No. 2006-2390
Application No. 10/659,817

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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
Appeal No. 2006-2390
Application No. 10/659,817

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Stankiewicz to include a beveled end. It is noted that the
beveled ended connection (49) is a part of the sealing plate
used to attach the porous ceramic filter cylinders to the
holding furnace. Thus, the beveled edge (49) is present for the
purpose of mounting. Including a beveled edge in the cylinder
29 would not provide such a function.
Stankiewicz discloses the molten metal flows through the
porous ceramic filter material through the sealing plate to be
further flowed downstream ultimately to casting molds. (Col. 3,
ll. 31-35). Stankiewicz relies on gravity for the flow of the
molten metal (col. 4, ll. 6-9). According to Appellants
(specification, p. 3) a dosing tube is also known in the art as
a suction tube. The presently claimed invention describes
filter elements that are attached to this dosing tube (suction)
for moving the molten metal through the filter body. Thus, the
filtering apparatus of Stankiewicz and the present claims are
not substantially the same. The Examiner has not provided
adequate motivation to suggest modifying the Stankiewicz filter
apparatus to meet the apparatus described by independent claims
1, 4, and 13.
Appeal No. 2006-2390
Application No. 10/659,817

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For the foregoing reasons and those presented in the
Briefs, we reverse the Examiner’s rejection of claims 1 to 5, 11
to 17, and 19.

REVERSED

CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES F. WARREN )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
)
JEFFREY T. SMITH )
Administrative Patent Judge )

Appeal No. 2006-2390
Application No. 10/659,817

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Scott A. McCollister
Fay, Sharpe, Fagan, Minnich &McKee, LLP
1100 Superior Avenue, 7th Floor
Cleveland, OH 44114-2518

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