Appeal No. 1997-0493
Application 08/336,353
electrolyte prior to gelling. While Florence et al. may suggest the use of ascorbic acid to remove
dissolved oxygen from test solutions (e.g., pages 127 and 133), there is no suggestion in the
combination of this reference with Tench which would have suggested the use of such a scavenger or
“getter” in the electrolyte solutions of Tench that are used under an inert gas to deoxygenate the
electrolyte.
Accordingly, it is inescapable that the combined teachings of the references as applied by the
examiner taken as a whole would not have resulted in the claimed method encompassed by the
appealed claims. Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1050-54, 5 USPQ2d 1434,
1438-41 (Fed. Cir. 1988). Thus, on this record, it is manifest that the only direction to appellants’
claimed method as a whole on the record before us is supplied by appellants’ own specification.
The examiner’s decision is reversed.
Reversed
CHUNG K. PAK )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PAUL LIEBERMAN )
Administrative Patent Judge )
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