Ex parte SHIMAMUNE et al. - Page 5




                 Appeal No. 1996-2798                                                                                     Page 5                        
                 Application No. 08/109,597                                                                                                             


                 from a valve metal such as tantalum or niobium.   See column 3,                     2                                                  
                 lines 15 - 19.  See also column 5, lines 39 - 45 which                                                                                 
                 specifically refers to, “an oxide of a valve metal.”                                                                                   
                 Thereafter an intermediate layer corresponding to the                                                                                  
                 intermediate layer of the claimed subject matter is taught by                                                                          
                 Asano at column 3, line 54 through column 4, line 23.  Finally                                                                         
                 electrode active material is superposed on the intermediate                                                                            
                 layer.  See column 4, lines 43 - 45.                                                                                                   
                          The initial oxide layer taught by Asano has the purpose of                                                                    
                 making the substrate more corrosion proof and providing                                                                                
                 increased adhesiveness with an intermediate layer.  See column                                                                         
                 3, lines 17 - 19.  Asano, however,  fails to teach flame                                                                               
                 spraying the oxide layer, the requisite thickness of the oxide                                                                         
                 layer or that the oxide layer is non-stoichiometric.                                                                                   
                          The secondary reference to Hund discloses each of the                                                                         
                 features absent from the teachings of Asano for an electrode                                                                           
                 having a first oxide coating.  See Abstract.  The first coating                                                                        
                 is produced by flame spraying.  See column 3, lines 1 -3.  The                                                                         
                 coating is customarily non-stoichiometric.  See column 3, lines                                                                        


                          2Emphasis ours.                                                                                                               







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