Ex parte CHEN et al. - Page 6




          Appeal No. 96-2797                                                          
          Application No. 08/432,474                                                  


          disclosed in Beer for applying the noble metal or noble metal               
          oxide coating would have been considered alternative obvious                
          ways to apply the coating to a deactivated anode.                           
          Accordingly, we agree with the examiner that the combined                   
          disclosures of the relied upon references establish a prima                 
          facie case of  obviousness for the subject matter defined by                
          appeal claim 1.     Although appellants assert that the anodes              
          reactivated according to the claimed invention last as long as              
          new anodes,                                                                 
          we observe that one of the objects of the prior art as                      
          described in de Nora is to produce a recoated, previously used              
          dimensionally stable electrode which will be equal in                       
          performance to the same electrode as initially coated.  See de              
          Nora at column 2, lines 49 though 51.  Accordingly, the                     
          production of an anode reactivated according to the claimed                 
          invention which lasts as long as a new anode is an expected                 
          result in this art.  Thus, we conclude as the examiner did,                 
          that the claimed subject matter defined by appealed claim 1                 
          would have been obvious within the meaning of 35 U.S.C. § 103.              
          Since claims 2 through 5, 7, 10, 16 through 18, 20, 21 and 23               


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