Ex parte SAITO et al. - Page 5




          Appeal No. 1999-0554                                                        
          Application No. 08/657,903                                                  


          directed to detecting the chlorine content of an aqueous                    
          liquid by detecting the sum of hypochlorous and chloramine                  
          chlorine, whereas Sands involves a system for maintaining a                 
          constant potential between a plating solution and a plating                 
          electrode.  Neither Sands nor Marks teaches, nor has the                    
          examiner established, that, as a general proposition, one of                
          ordinary skill in the art would have understood that, as a                  
          viable option, the reference electrode of a salt bridge system              
          can be situated in either the process solution or a separate,               
          insulated bath.  In our view, it is incumbent upon the                      
          examiner to demonstrate that such a general principle was                   
          known in the art in order to reasonably conclude that the                   
          proposed modification of Oliver would have been obvious to one              
          of ordinary skill in the art.                                               
               The additional references applied by the examiner do not               
          remedy the deficiency of the collective teachings of Oliver,                
          Sands and Marks discussed above.  However, we note that while               
          appellants separately argue claim 7, which recites a                        
          microporous ceramic used in a portion of the salt bridge which              
          makes contact with the gelatin aqueous solution, Marks                      



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