Ex parte HOLDERNESS et al. - Page 1




                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                       
              The opinion in support of the decision entered today (1) was not written for publication in a law journal and (2) is
              not binding precedent of the Board.                                                                       
                                                                                               Paper No. 24             
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                __________________                                                      
                                  BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                        
                                                __________________                                                      
                                       Ex parte STEWART G. HOLDERNESS                                                   
                                               and ROBERT G. LEWIN                                                      
                                                __________________                                                      
                                                Appeal No. 1998-0553                                                    
                                                Application 08/405,372                                                  
                                                 ________________                                                       
                                                      ON BRIEF                                                          
                                                 ________________                                                       
              Before JOHN D. SMITH, GARRIS and DELMENDO, Administrative Patent Judges.                                  
              GARRIS, Administrative Patent Judge.                                                                      
                                               DECISION ON APPEAL                                                       

                     This is a decision on an appeal from the final rejection of claims 27-40 which are all             
              of the claims pending in the application.                                                                 
                     The subject matter on appeal relates to a method of treating scrap graphite having                 
              a metal contaminant adhered thereto which comprises placing the graphite into a bath                      
              comprising an aqueous oxidizing electrolyte, the graphite being contained in one or more                  
              baskets having at least a base which has a grill or perforations to allow graphite particles              
              to fall therethrough, and applying to the scrap graphite an electric current contact whereby              
              the graphite forms one electrode of an electrolytic cell.  The method further comprises                   






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