Appeal No. 2002-2274
Application No. 08/387,158
Janakirama-Rao, 317 F.2d 951, 954, 137 USPQ 893, 896 (CCPA 1963).
The appellants’ specification indicates that the basic and novel
characteristic of the claimed reinforced concrete structure is
that it comprises a sacrificial anode containing an alloy which
enables the sacrificial anode to have a sufficiently low
potential and to cause generation of a sufficiently large amount
of electricity (specification, page 2, lines 15-19). Linder’s
exemplified alloy has a potential, relative to a saturated
calomel electrode, of -1,090 to -1,118 mV, and an efficiency,
measured at 82%, corresponding to 2,440 AH/kg (col. 2, lines 40-
44). The corresponding values for the appellants’ alloy are,
respectively, as low as -1,000 mV or less, and as large as
1,500 AH/kg or more (specification, page 12, lines 1-3). The
similarity of Linder’s potential and efficiency to those of the
appellants indicates that Linder’s manganese would not materially
affect the basic and novel characteristics of the appellants’
claimed invention. Accordingly, we conclude that the reinforced
concrete structure claimed in the appellants’ claim 39 would have
been obvious to one of ordinary skill in the art over Linder and
the prior art applied therewith.
Claims 46-48, 52, 55, 58 and 61
The independent claims from which claims 46-48, 52, 55, 58
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007