Ex Parte WEINBERG et al - Page 17




          Appeal No. 1999-0928                                                        
          Application No. 08/334,952                                                  


          modification or substitution.  See In re Mayne, supra; and Pro-             
          Mold & Tool Co. v. Great Lakes Plastics, Inc., supra.                       
               Timewell is directed to a method and apparatus for                     
          electrically conditioning electrode means positioned in an                  
          electrolyte (see col. 2, ll. 21-24).  Timewell discloses use of a           
          saltwater electrolyte with production of hydrogen at the cathode            
          and relatively little oxygen at the depassivated anode (col. 3,             
          ll. 28-31; col. 4, ll. 49-66).  Pons, as previously discussed, is           
          directed to the electrolysis of water to produce hydrogen, oxygen           
          and heat but the examiner has failed to identify any portion of             
          Pons that teaches the equivalency of aluminum and palladium as              
          isotopic hydrogen storage cathodes (see the Answer, page 13,                
          citing page 32 of Pons).  Sobieralski is directed to the                    
          production of zinc powder from the electrolysis of lead-                    
          containing zinc halide solutions (abstract; col. 2, ll. 25-32).             
          The cathode materials disclosed by Sobieralski are taught to be             
          equivalents since they do “not detrimentally effect the operation           
          of the process or the properties of the produced zinc to an                 














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