Ex Parte NICOLAS et al - Page 3



          Appeal No. 1997-2936                                                        
          Application No. 08/360,335                                                  
          Page 3                                                                      
          rejections, and to the appellants’ brief and reply brief for the            
          appellants’ arguments thereagainst.                                         
                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants’ specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by appellants and the examiner.            
          As a consequence of our review, we make the determinations which            
          follow.                                                                     
               In our analysis below, we focus particularly on the subject            
          matter of claim 1 regarding (1) circulating an aqueous alkali               
          metal halide solution in a saline compartment of the cell,                  
          delimited between an anionic membrane and a cationic membrane,              
          (2) introducing an alkali metal halide into an acidic compartment           
          of the cell, which is delimited between the anionic membrane and            
          a cationic face of a bipolar membrane, and (3) extracting a more            
          concentrated aqueous alkali metal hydroxide solution from an                
          alkaline compartment of the cell, delimited between the cationic            
          membrane and an anionic face of the bipolar membrane.                       
          I.  The 35 U.S.C. § 102(b) Rejection                                        
          The examiner states that Mani discloses a method of using a                 
          three compartment electrodialysis cell comprising circulating an            
          alkali metal salt solution in a salt compartment of the cell,               
          delimited between an anionic and cationic membrane, introducing             
          an alkali metal salt into an acidic compartment of the cell,                
          delimited between the anionic membrane and a cationic face of a             
          bipolar membrane, and extracting alkali metal hydroxide from the            
          compartment, delimited between the cationic membrane and the                




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