Appeal No. 1999-2241
Application No. 08/714,914
two gaskets would provide better sealing than the use of only one
gasket and that no reason has been provided as to why a gasket
would perform better than an adhesive seal. (Appeal brief, page
8; reply brief, page 2.) As to the first point, it is clear to
us that one of ordinary skill in the art would have reasonably
expected that a double seal (single O-ring and sealing compound
or two O-rings) would be superior to a single O-ring seal. With
respect to the second point, the rejection is not based on the
notion that an O-ring would provide a better seal than an
adhesive. Rather, it is based on the notion that an adhesive
seal can be replaced with an O-ring seal as expressly taught in
Frant. Here, the appellants have admitted that Frant would have
suggested the use of both an O-ring seal and an adhesive seal.
One of ordinary skill in the art would have expected that by
replacing the adhesive seal with an O-ring seal, the need for
applying and/or curing an adhesive would be eliminated and ease
in separating the components of the electrode during maintenance
would be facilitated.
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