Appeal No. 1999-0928
Application No. 08/334,952
and 15), Spaepen does not teach that the inventive pulsed regime
obviates ageing phenomenons, only that it was known in the art to
obviate these phenomenons by bringing the electrode to another
potential (see col. 1, ll. 10-15). Secondly, the examiner has
not identified any reason or suggestion why one of ordinary skill
in the art of electrolyzing water would have included the pulsed
regime of Spaepen in the method of Pons, whether used to obviate
ageing phenomenons or to influence the specified oxidation
reactions at the electrode (see the Brief, page 25). The
examiner has failed to identify why Pons would have desired
obviation of ageing phenomenons.
The “admitted prior art” (Answer, pages 11-12) has been
applied by the examiner to show that it was well known in this
art to have an electrolysis cell with an ion-exchange membrane
divider. Therefore these references do not remedy the deficiency
noted above.
For the foregoing reasons and those set forth in the Brief
and Reply Brief, we determine that the examiner has failed to
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