Ex Parte BURGHER et al - Page 7



          Appeal No. 1999-1258                                                        
          Application No. 08/854,332                                                  

          Warne).  Furthermore, Warne teaches that the “geometrical shape             
          of cathodic protection anodes is very important.”  Col. 2, ll.              
          37-38.  Therefore the examiner must present evidence of a                   
          suggestion or reason for altering the U- or V-shaped anodes of              
          Warne to the shape of louvers.  See Dembiczak, supra.  On this              
          record, the examiner has not presented any such evidence.                   
               The examiner has applied Bartholomew as a primary reference            
          for its disclosure of a cathodic protection system comprising a             
          sacrificial metal anode (zinc).  See the Answer, page 6.                    
          However, the examiner applies Boulton and Warne in the same                 
          manner as discussed above (id.).  Accordingly, we adopt our                 
          reasoning above for the determination that the examiner has                 
          failed to present convincing evidence or reasoning to support the           
          proposed combination of references.  See Dembiczak, supra.                  










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