Appeal No. 1997-0330
Application 08/493,758
different fluoride complex: Na SiF , KBF , and HBF ; and are conducted under different2 6 4 4
0 0
conditions. Na SiF and KBF are dissolved in the electrolyte at 20 and 30 C while HBF is2 6 4 4
dissolved at 30 C. Na SiF and KBF are present in concentrations above their solubility0
2 6 4
product while HBF is present below its solubility product. Based on the information from
4
these three examples, it is impossible to determine if, under uniform conditions, Na SiF and
2 6
KBF would perform any differently if present below their solubility product or, with respect to
4
HBF , above its solubility product. As a result, we cannot determine if an actual difference
4
exists for the claimed electrolyte as opposed to electrolytes with fluoride concentrations at any
other level.
Furthermore the "Comparison Example", which appellants argue (brief, p. 10) is based
on the cited art, employs HBF at a concentration approaching the minimum level (i.e., 3.5 g/L)
4
disclosed in Kirman. Since, as the examiner has indicated (examiner=s answer, p.
5), Kirman teaches much higher concentrations, objective
evidence that persuasively demonstrates differences
between the claimed and Kirman electrolytes would require
an evaluation of the closest prior art. Here that would
be Kirman electrolytes with HBF concentrations of at
4
least 200 g/L (Kirman, col. 5).
Since a valid comparative evaluation was not
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007