COMMISSIONER'S DECISION
Indefiniteness - Casting Apparatus
The claims are directed to a heating chamber with a particular crucible
arrangement. A number of claims were rejected for being indefinite.
Final Action: Affirmed
******
Patent application 280,214 (Class 307-29), was filed on June 9, 1977
for an invention entitled "Melting And Casting Apparatus." The inventors
are Matti J. Saarivirta et al. The Examiner in charge of the application
took a Final Action on July 15, 1981 refusing to allow it to proceed to
patent.
The application relates to improvements in an electric furnace for melting
and casting metals and metal alloys. The improvements are directed to
the heating chamber with a particular crucible arrangement and the electric
heating means.
The Final Action was based on the indefiniteness of the claims and the
proper support for the supplementary claims. No prior art was cited in
the Final Action.
In response to the Final Action the Applicant concelled all of the claims
and submitted new claims 1 to 8.
Claims 1 to 4 and 7 were accepted by the Examiner, while claims 5 and 6,
in the opinion of the Examiner, should not appear as claims supported by
the supplementary disclosure, because the subject matter covered was
cancelled from the original disclosure. Further, claim 8 was held to,
be redundant over claim 3.
We have carefully considered these points and we concur with the views
of the Examiner.
With this in mind, we contacted the Agent, Mr. J. Lamb, and discussed
our views with him. After due consideration Mr. Lamb filed an appropriate
amendment cancelling claims 5, 6 and 8 and made other minor amendments to
the claims.
No further discussion is deemed necessary and we recommend that the present
claims be accepted.
J.F. Hughes
Assistant Chairman
Patent Appeal Board, Canada
I concur with the reasoning and findings of the Patent Appeal Board.
Accordingly, I direct that prosecution should resume on the basis of the
present claims.
J.H.A. Gari‚py
Commissioner of Patents
Dated at Hull, Quebec
this 1st. day of June, 1982
Agent for Applicant
Scott & Aylen
170 Laurier Ave. V.
Ottawa, Ont.