Ex Parte 6254978 et al - Page 8




               Appeal No. 2006-0791                                            Ex parte Gore Enterp. Holdings, Inc.                   
                       [33]    Dr. Frydrych explains that the process for applying the ion exchange resin to the                      
               membrane to produce a composite membrane is significantly different.                                                   
                       [34]    Dr. Frydrych bases his opinion on a comparison of one alternative Gore method                          
               and one alternative Ito method.                                                                                        
                       [35]    In particular, Dr. Frydrych states (at 3-4) that Ito does not require repeated                         
               application of the ionomer solution or a step of boiling the membrane in water to swell the                            
               membrane.                                                                                                              
                       [36]    Dr. Frydrych does not explain how boiling in water to swell the membrane will                          
               affect the conductance.                                                                                                
                       [37]    Ito provides that the ion-conductive material is preferably in a solution so it can                    
               be used in "a method such as impregnation, coating or spraying" to fill the membrane (trans.                           
               at 5-6).                                                                                                               
                       [38]    Ito further teaches that the resin solution replaces the air (trans. at 9).                            
                       [39]    Both Ito (trans. at 9) and Gore (978 at 6:39-40) teach drying after filling.                           
                       [40]    Dr. Frydrych also states (at 4-6) that the Calis photomicrographs show structural                      
               differences in the final product.                                                                                      
                       [41]    The electronic copies of the photomicrographs in the administrative record do not                      
               show sufficiently clear detail to reveal the details Dr. Frydrych finds meaningful.                                    
                       [42]    In any case, as noted above, the photomicrographs do not provide the relevant                          
               comparison.                                                                                                            



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