Appeal No. 96-0251
Application 07/874,697
rejection of claims 9, 11/9 and 14/9 is not sustained.
Appellants state that the claims stand or fall together
as to each rejection (brief, page 4). We therefore limit our
discussion to one claim to which each of the above four
rejections applies, i.e., respectively, claims 10, 7, 3 and 9.
See In re Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129
n.2 (Fed. Cir. 1995); 37 CFR § 1.192(c)(5)(1993).
Rejection of claims 10, 11/10, 12, 13, 14/10, 14/12 and
14/13 over Lucisano alone or in view of Perley
Lucisano discloses an implantable sensor which has a
corrodible, silver/silver chloride reference electrode, a
platinum cathodic working electrode and a noble metal anodic
counter electrode (page 737, last full paragraph). The
counter electrode is maintained at low impedance and the
reference electrode is maintained at very high impedance
(paragraph bridging pages 737-738). Lucisano teaches (page
739, last full paragraph in left column) that “[t]ransient
local capacitive currents as a result of inadequate shielding
of the leads [of the working and reference electrodes] may
also have played a role” in the transfer of silver from the
reference electrode to the working electrode. This teaching
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