Appeal No. 95-1545
Application 07/842,329
Here we do not find that the combined teachings of the art
would have suggested or led a person skilled in the art to the
claimed subject matter. Neither Zick nor Cosentino discloses
or suggests forming a gradient of metal particles and metal
salt particles as required by appellants’ claims. Clearly,
substituting the Ag-AgCl matrices disclosed in either Zick or
Cosentino for the Ag-AgCl layer of Battaglia would not result
in the claimed subject matter. Moreover, there is no
suggestion or teaching in Battaglia that would have led one
skilled in the art to use Ag and AgCl particles in a non-
conductive matrix. The examiner’s reliance on adhesion of the
layers as a problem to motivate one skilled in the art to
combine Battaglia with Zick or Cosentino is pure speculation.
Adhesion is not disclosed as a problem in the prior art relied
upon by the examiner. The examiner has simply failed to
provide sufficient reasoning from the teachings of the prior
art which would have led a skilled artisan to an electrode
having metal and metal salt particles in a non-conducting
matrix wherein “the ratio of metallic particles to insoluble
metal salt particles gradually increases from the outermost
towards the innermost portions of the non-conductive matrix
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