Ex Parte BURGHER et al - Page 4



          Appeal No. 1999-1387                                                        
          Application No. 08/593,507                                                  

          abstract and claims 1, 10 and 16).  Furthermore, Mussinelli ‘934            
          teaches that the prior art has “only 500 to 2,000 nodes per square          
          meter which means the anode is greatly expanded.”  See col. 2, ll.          
          8-10, underlining added.  Additionally, Mussinelli ‘502, cited by           
          appellants (Brief, page 9), teaches that the prior art, which has           
          500 to 2,000 nodes per square meter, is “subject to easy breakage           
          resulting in areas of no current density where rebars are                   
          unprotected” (col. 2, ll. 15-19).  Mussinelli ‘502 also teaches             
          that the nodes per square meter of concrete surface is at least 200         
          (col. 2, ll. 50-52).  Finally, Bennett ‘961 discloses a network of          
          strands “most always interconnected by from about 500 to about 2000         
          nodes per square meter of the mesh.”  Bennett ‘961 further teaches          
          that “less than about 500 of the interconnecting nodes per square           
          meter of the mesh may provide for insufficient redundancy in the            
          mesh.”  See col. 10, ll. 45-54.  Of course, sufficient redundancy           
          is the key aspect of the prior art use of mesh or a grid structure          
          (see Bennett ‘961, col. 5, ll. 12-17).                                      
               In the face of all of this evidence leading away from the              
          claimed number of nodes per square meter, the examiner admits that          
          “portions of the Mussinelli [‘934] disclosure do set forth an anode         
          grid of 2000 to 7000 nodes per square meter” but relies on Figure 1         
          of this reference as showing less than 100 nodes per square meter,          
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