Appeal No. 95-1545
Application 07/842,329
Claims 8-11 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Battaglia in view of Zick or Cosentino,
Afromowitz and/or Boeke or Fjeldly.
Opinion
We have carefully considered the respective positions
advanced by appellants and the examiner. For the reasons set
forth below, we will not sustain either of the examiner's
rejections.
The claims on appeal require that there be a gradient of
metallic particles and metal salt particles in the non-
conductive matrix such that “the surface of the electrode
predominantly comprises metal salt particles, whereby the
ratio of metallic particles to insoluble metal salt particles
gradually increases from the outermost towards the innermost
portions of the non-conductive matrix layer.” According to
appellants’ disclosure, this is accomplished by treating the
surface of the matrix layer which is treated to convert the
metal particles to metal halide particles (specification, page
5, lines 19-29). Although Fig. 1 of Battaglia shows an Ag-
AgCl ion-selective electrode having sequential continuous
layers of Ag and AgCl on a non-conductive substrate (see also
4
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