Appeal No. 2006-0791 Ex parte Gore Enterp. Holdings, Inc.
[53] Gore cites Mallouk for the proposition that the references all teach air-permeable
membranes (App. Br. at 17).
[54] Mallouk does teach making a porous membrane (at 3:55-59).
[55] Mallouk subsequently exposes the membrane to a metal-ion solution to convert
the cation exchange groups from proton form to the desired metal-ion form (at 3:60-4:20).
[56] Since Mallouk is air-permeable by design, and also needs to be porous at an
intermediate stage to permit proton-to-metal-ion conversion of the cation exchange groups, it is
not clear how the specific design of Mallouk inherently requires membranes designed for other
purposes to also be air permeable.
[57] Mallouk teaches that the high internal surface area of the membrane provides
more exposed metal salt and thus a longer product life (at 3:28-32).
[58] The examiner cites product life as motivation to select PTFE as the material for
the membrane of Ito (Ex. Ans. at 7).
[59] Since Mallouk is concerned with reactions between the metal ions and gas
components, it is not clear how Mallouk's product life teaching has relevance for the claimed
membranes.
Level of skill in the art
As is usually the case in ex parte prosecution, the best evidence of the level of skill in the
art at the time of filing comes from the cited references. In re GPAC, 57 F.3d 1573, 1579,
35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (permitting inference from the prior art references for
the level of skill in the art).
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