Ex Parte NICOLAS et al - Page 4



          Appeal No. 1997-2936                                                        
          Application No. 08/360,335                                                  
          Page 4                                                                      
          anionic face of the bipolar membrane.  The examiner refers to               
          figure 3 and to column 8, lines 29-66, in this regard. (answer,             
          page 3).                                                                    
            The examiner further states that Mani discloses that at                   
          least a fraction of the diluted salt from the salt compartment is           
          introduced into the acid compartment, and refers to figure 3, and           
          that therefore, the salt introduced to the salt compartment would           
          be identical to the salt introduced to the acid compartment.                
          (answer, page 3).                                                           
          Appellants provide arguments on pages 5-11 of their brief,                  
          and in their reply brief.  In particular, appellants state that             
          the three compartment cell disclosed in Mani comprises a bipolar            
          membrane, an anionic membrane, and a cationic membrane.                     
          Appellants state that these three membranes form (1) a salt                 
          compartment between the anionic and the cationic membranes, (2)             
          an acid compartment between the anionic membrane and the cationic           
          side of the bipolar membrane, and (3) a base compartment between            
          the cationic membrane and the anionic side of the bipolar                   
          membrane.  Appellants state that in this three compartment cell,            
          the salt solution is fed into the salt compartment of the cell 1            
          (between the anionic and the cationic membrane), a base stream is           
          recovered from the base compartment 3 (between the cationic                 
          membrane and the anionic side of the bipolar membrane), and an              
          acid strain is recovered from the acid compartment 2 (between the           
          anionic membrane and the cationic side of the bipolar membrane).            
          Appellants refer to column 2, line 60 to column 3, line 10, and             
          column 6, lines 14 to 22 of Mani. (brief, pages 5-6).                       
          Upon our review of Mani, we find that the three compartment                 
          water splitter represented in Mani’s figure 2 is different from             
          the three compartment water splitter illustrated in Mani’s figure           




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