Appeal No. 1999-1810
Application 08/288,433
Also, because anticipation is the epitome of obviousness, see
In re Skoner, 517 F.2d 947, 950, 186 USPQ 80, 83 (CCPA 1975);
In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA
1974), we affirm the rejection of this claim under 35 U.S.C.
§ 103 over Bissot.
Rejections of claim 1 under 35 U.S.C. § 103
over Keating in view of Filippone and over the
combined teachings of Bissot, Keating and Filippone
Keating discloses that iodide is converted to periodate
during electrolysis of a salt solution or brine, and that when
the iodide concentration in the salt solution or brine is
greater than 0.5-1 ppm, enough periodate is formed and passes
into the membrane to precipitate as the sodium salt near the
cathode surface, thereby damaging the membrane. When barium
is present in the brine, however, Keating teaches, iodide does
little or no damage to the membrane because a barium-iodide
product deposits harmlessly in the membrane as a very fine,
highly insoluble precipitate which Keating believes to be
barium periodate.
Keating is silent as to whether the salt solution or
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