Ex parte CHEN et al. - Page 7




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


          stand or fall together with claim 1, we also necessarily                    
          sustain the examiner’s rejection of these claims.                           
               Appealed claim 8 is another matter.  As appellants point               
          out, claim 8 covers a process for reactivating the anode                    
          wherein the reactivating coating is deposited without removing              
          the anode from the cell in which it is used.  We find no                    
          disclosures in any of the relied upon references, nor has the               
          examiner referred to any disclosure, which would have                       
          suggested the subject matter defined by claim 8.  Indeed, as                
          appellants point out, the Fabian reference teaches that the                 
          electrode members to be recoated must be separated from the                 
          risers in the electrolytic cell to prevent the reheating of                 
          the risers.  Thus, we reverse the examiner’s rejections of                  
          appealed claim 8.                                                           
               Accordingly, the decision of the examiner is affirmed-in-              
          part.                                                                       









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