Appeal No. 1996-2798 Page 6
Application No. 08/109,597
16 - 41. The thickness of the coating is taught at Example 1,
lines 1-2 wherein the layer of 0.03 to 0.4 mm corresponds to 30
- 4000 microns, overlapping the range required by of the
claimed subject matter.
However, the metal oxides taught by Asano are limited to
valve metals such as tantalum or niobium. In contrast, the
only metal oxide taught by Hund is titanium. We find no
evidence on this record that Ti is a valve metal. Nor is there
any evidence that tantalum or niobium is equivalent to
titanium. Neither do we find evidence that flame spraying is
either a customary or usual method for the coating of metals.
Nor do we find evidence that one of ordinary skill in the art
would utilize the thickness of the oxide layer taught by Hund
for a three-layer electrode, in the preparation of a four-
layer electrode. Accordingly, on this record, we conclude the
references to Asano and Hund were improperly combined.
The examiner must show reasons that the skilled artisan
confronted with the same problems as the inventor and with no
knowledge of the claimed invention, would select the elements
from the cited prior art references for combination in the
manner claimed. We determine that there is no reason,
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