Ex parte BAUER et al. - Page 7




          Appeal No. 1996-2809                                                        
          Application No. 08/399,961                                                  


          of incorporating features in the dependent claims in the                    
          electrochemical cell described in Saprokhin.                                
               Having reviewed the record, we agree with appellants that              
          the prior art references as a whole would not have suggested                
          to one of ordinary skill in the art to place an outer gas                   
          separator equidistance between the anode assembly and the                   
          cathode of the electrochemical cell described in Saprokhin.                 
          See, e.g., Brief, pages 15 and 16.  The purpose of Saprokhin                
          is to employ an anode having internal fluorine passages,                    
          rather than external fluorine passages, in its electrochemical              
          cell to obtain various advantages thereof.  See column 3,                   
          lines 1-15.  To accommodate fluorine leaving the internal                   
          fluorine passages of the anode assembly, a gas impermeable                  
          barrier is placed on the upper part of the anode assembly.                  
          See Figure 1 in conjunction with column 2, lines 40-46.  There              
          simply is no reason or incentive to place a gas impermeable                 
          barrier equidistance between the anode assembly and the                     
          cathode to form external fluorine passages.  This is                        
          especially true since sufficient fluorine passages are already              
          internally available in the anode assembly of the                           
          electrochemical cell described in Saprokhin.  Note also that                
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