Appeal No. 1997-2627
Application No. 08/424,122
assemblies (10) of sandwich 29 (col. 6, lines 65-68). Film
membrane 28, therefore, must be ion permeable in order for
ions to pass through the capillary membrane assemblies. For
the film membrane to be ion permeable, according to Moeglich
‘458, it cannot be a polyethylene film alone, because the
polyethylene film itself, the reference teaches, is
practically impermeable to the passage of ions in solution
(col. 2, lines 10-18). Consequently, the film membrane
referred to in Moeglich ‘475 must be the Moeglich ‘458 film
membrane assembly, i.e., a polyethylene layer which is coated,
surface treated, or placed in contact with a porous layer.
This film membrane assembly, unlike polyethylene, will pass up
to one amp or more per square centimeter in an electrolytic
cell (Moeglich ‘458, col. 3, lines 37-47). The examiner has
not established that a 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 examiner argues that Moeglich ‘475 discloses (col. 2,
lines 29-34) a non-conducting plastic film, preferably
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