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 2 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). 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007