Appeal No. 2005-0805
Application No. 10/234,097
ordinary skill in the art to use an air atmosphere since oxygen
is necessary to form the protective oxide layer.
Appellants also maintain that the electrode of the present
invention is baked at a temperature in the recited range in an
air atmosphere, where the stainless steel of Shiokawa is baked at
a temperature from 100oC to 300oC under vacuum conditions.
However, the examiner correctly points out that Shiokawa is
relied upon for the reconditioned stainless steel and claim 1
does not recite any atmosphere for the reconditioning baking
step. Also, the 300oC baking of Shiokawa falls within the
claimed range for reconditioning.
As a final point, we note that appellants base no arguments
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
In conclusion, based on the foregoing, and the reasons
well-stated by the examiner, the examiner's decision rejecting
the appealed claims is affirmed.
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