Appeal No. 95-1545
Application 07/842,329
col. 19, lines 9-16 and col. 8, lines 54-65), Battaglia
discloses depositing a layer of Ag on a non-conductive
substrate and then treating the layer with a chemical to
convert at least 10% of the overall thickness of the Ag layer
to AgCl (col. 9, lines 14-52). Since the processes appear to
be similar, one skilled in the art would reasonably expect
that Battaglia would also produce a gradient structure.
While the process for forming Battaglia’s Ag-AgCl layers
may be similar to that disclosed by appellants, Battaglia does
not disclose or suggest a layer wherein there is a gradient of
Ag and AgCl particles in a non-conductive matrix. The
examiner recognized this deficiency and relies on Zick or
Cosentino to show that it is known in the art to incorporate
Ag and AgCl powders in a non-conductive matrix. The examiner
concluded that “it would be obvious for Battaglia to adopt the
Ag-AgCl electrode form of Zick or Cosentino wherein particles
are incorporated within a non-conductive matrix” (Answer, page
3). We disagree with the examiner’s conclusion because
neither Zick nor Cosentino discloses or suggests a gradient of
metal and metal salt particles in a non-conductive matrix.
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