Appeal No. 1999-1258
Application No. 08/854,332
disclosed by Bennett. See In re Dembiczak, 175 F.3d 994, 999, 50
USPQ2d 1614, 1617 (Fed. Cir. 1999). Bennett specifically teaches
the use of a mesh anode with “a redundancy of current-carrying
paths through the mesh which ensures effective current
distribution throughout the mesh even in the event of possible
breakage of a number of individual strands.” Col. 5, ll. 13-17.
Accordingly, substitution of a louver anode strip would
contradict the advantages taught by Bennett for the mesh anode.
Additionally, Boulton is directed to an electrolytic diaphragm
cell of the filter press type for the electrolysis of brine to
produce chorine, hydrogen and sodium hydroxide (see col. 1, ll.
4-6 and 41-46). Although the examiner submits that cathodic
protection is an electrolytic process, just as the electrolysis
of brine by Boulton (Answer, paragraph bridging pages 7-8), the
examiner has not shown any similarities in the processes of
Boulton and Bennett that would have suggested the interchanging
or substitution of anodes.
The examiner’s citation of Warne does not remedy the
deficiencies discussed above. The examiner has not shown how the
disclosure of U- or V-shaped anodes in the cathodic protection
system of Warne are of the “general configuration of louvers” or
“with a shape similar to louvers” (Answer, page 4; see Fig. 4 of
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