Appeal No. 96-0251
Application 07/874,697
indicates that there was some shielding on the reference
electrode. For this reason and because the reference
electrode is at very high impedance, the method disclosed by
Lucisano necessarily has the characteristics of appellants’
claimed method which, according to appellants, causes the
service life of the sensor to be extended. Thus, we find that
Lucisano anticipates appellants’ claim 10. Since anticipation
is the epitome of obviousness, we affirm the rejection of
claim 10. 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).
Even if, by “inadequate shielding”, Lucisano means that
the electrodes were not shielded, appellants’ claimed
invention would have been prima facie obvious to one of
ordinary skill in the art because Lucisano would have
indicated to such a person that shielding of the electrodes is
desirable to reduce transient local capacitive currents which,
Lucisano indicates, tends to cause transfer of silver from the
reference electrode to the working electrode (page 739, last
full paragraph in left column). One of ordinary skill in the
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007