Ex Parte CORNELL et al - Page 11


          Appeal No. 1999-2241                                                        
          Application No. 08/714,914                                                  


          matter of appealed claim 21 would have been obvious to one of               
          ordinary skill in the art within the meaning of 35 U.S.C. § 103.            
          (Id. at pages 3 and 4-5.)                                                   
               Moreover, as we discussed above, the appellants acknowledge            
          that Frant discloses or suggests an electrode in which the                  
          membrane is press-fitted against a gasket on one side and a                 
          sealing compound on the other.  To use another gasket in lieu of            
          the sealing compound would have been prima facie obvious to one             
          of ordinary skill in the art, because Frant teaches that a gasket           
          and a sealing compound are alternatives for purposes of securing            
          the membrane in the electrode.  On this point, we determine, that           
          the motivation to replace the sealing compound with another                 
          gasket also arises from the reasonable expectation that the use             
          of a gasket would eliminate the need for applying and/or curing             
          the sealing compound to join the membrane (24) onto annular                 
          flange (27) as well as facilitate ease of separating the                    
          components of the electrode during maintenance.                             
               Regarding appealed claim 40, the appellants' specification             











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