Ex parte MERTENS et al. - Page 1






                                        The opinion in support of the decision being entered today                                        
                                   was not written for publication and is not binding precedent of                                        
                                   the Board.                                                                                             
                                                                                                 Paper No. 23                             

                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                          _______________                                                                 

                                          BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                  
                                                          _______________                                                                 

                                        Ex parte PATRICK MERTENS, BENNY JANSEN,                                                           
                                     WERNER VAN DE WYNCKEL and FRANK MICHIELS                                                             
                                                           ______________                                                                 

                                                        Appeal No. 1998-2337                                                              
                                                        Application 08/651,442                                                            
                                                          _______________                                                                 

                                                         HEARD: May 8, 2001                                                               
                                                          _______________                                                                 

                Before GARRIS, WARREN and OWENS, Administrative Patent Judges.                                                            

                WARREN, Administrative Patent Judge.                                                                                      
                                                          Decision on Appeal                                                              
                        This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                       
                claims 1, 3 through 6, 8 and 9.  Claims 10 and 11 are also of record and have been withdrawn from                         
                consideration by the examiner under 37 CFR § 1.142(b).  Claim 1 is illustrative of the claims on appeal:                  
                        1.  Apparatus for performing electrolytic desilvering of a photographic processing solution                       
                comprising an electrolysis unit comprising a cathode, an anode and a reference electrode, said reference                  
                electrode being a pH sensitive electrode, and said apparatus including a potentiostatic unit for                          
                maintaining said cathode at a constant potential versus said reference electrode whereby adjustments for                  
                pH variations are automatically performed controlling said desilvering.                                                   




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