Ex parte VORACEK - Page 6




          Appeal No. 1997-2627                                                        
          Application No. 08/424,122                                                  


          it has been unexpectedly found that a polyethylene film which               
          will pass no current when used alone in an electrochemical                  
          cell will pass up to one amp or more per square centimeter                  
          when provided with the disclosed porous layer, coating or                   
          surface treatment to form the membrane assembly (col. 3, lines              
          37-47).  It is this membrane assembly, rather than the                      
          polyethylene film alone, which Moeglich ‘475 states can be                  
          used in the disclosed apparatus (col. 7, lines 13-15).  The                 
          examiner has not explained, and it is not apparent, why this                
          membrane assembly, which will pass up to one amp or more per                
          square centimeter, has a specific electrical conductivity                   
          which is the same magnitude as that of high density                         
          polyethylene when immersed in the electrolytic solution.                    
               The Moeglich ‘475 sandwich membrane (29) in figure 5b has              
          a film membrane (28) which is as shown in Moeglich ‘458 and is              
          composed of substantially water impermeable, ion impermeable                
          insulating material, particularly polyethylene, having a                    
          thickness of about 0.001 to 1 mm (1-1000Fm) (col. 6, lines 56-              
          61).  Moeglich ‘475 teaches that the film membrane 28 is                    
          disposed substantially perpendicular to the direction A                     
          (figure 5b) of ion transport across the capillary membrane                  
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