Appeal No. 96-1110
Application 08/181,669
positioned at the geometric center of the anode. Appellants do not refute the examiner's
factual determination that Ruehlen discloses a purging conduit at 58 that is located at the
center of the anode. However, appellants maintain that "Ruehlen discloses an
electrochemical cell for electrochemical fluorination, a cell that uses fluorine gas and does
not generates (sic, generate) fluorine gas." (Page 12 of brief). According to appellants,
this is a fundamental difference between the electrodes of the present invention and
Ruehlen and, therefore, Ruehlen "does not anticipate the element of the present claims that
requires the anode be useful in an electrochemical cell for the generation of fluorine."
(page 11 of brief). However, we agree with the examiner the manner in which the claimed
electrode is used is not germane to the
structure of the anode defined by appealed claims 5 and 6. It is well settled that the
intended use of an apparatus or device is not relevant to the patentability of the claimed
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structure, and appellants have presented no argument that draws a distinction between
the structure defined by claims 5 and 6 and the structure of the Ruehlen electrode. Also,
inasmuch as the electrode of Ruehlen generates fluorine which reacts with fluorinatable
materials, we concur with the examiner that it is reasonable to conclude that the electrode
of Ruehlen is capable of producing fluorine gas.
2In re Yanush 477 F.2d 958, 960, 177 USPQ 705, 706-707 (CCPA 1973), In re Casey 370 F.2d
576, 580, 152 USPQ 235, 238 (CCPA 1967). See also In re Self 671 F.2d 1344, 1351, 213 USPQ 1, 7
(CCP 1982).
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