Ex parte DELMAS - Page 12




          Appeal No. 1999-1810                                                        
          Application 08/288,433                                                      


          is a purification of the solution.                                          
               The appellant argues that one of ordinary skill in the                 
          art would not have been motivated to combine Filippone’s                    
          purification process with Keating’s electrolysis process                    
          (brief, pages 11-12).  Because Filippone is directed toward                 
          purifying an aqueous alkali metal chloride solution prior to                
          electrolysis, one of ordinary skill in the art would have                   
          considered Filippone’s disclosure in conjunction with                       
          Keating’s disclosure directed toward electrolysis.                          
               The appellant argues that given Filippone’s teaching that              
          excessive oxidation leading to the formation of IO  is to be3-                        
          avoided (col. 2, lines 9-12), one of ordinary skill in the art              
          would not have oxidized the iodine to periodate (brief,                     
          pages 12 and 19).  As discussed above, however, one of                      
          ordinary skill in the art would have been led by Keating to                 
          use Keating’s process to form barium periodate.                             
               For the above reasons we conclude that the process                     
          recited in the appellant’s claim 1 would have been obvious to               
          one of ordinary skill in the art within the meaning of 35                   
          U.S.C. § 103 over the applied prior art.  Accordingly, we                   
          affirm the rejections of claim 1 over Keating in view of                    
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