Appeal 2007-0617
Application 10/292,321
We determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence. Based on the totality of the
record, including due consideration of Appellants’ arguments, we determine
that the preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of § 103(a). Therefore we AFFIRM the
sole rejection in this appeal essentially for the reasons stated in the Answer,
as well as those reasons set forth below.
OPINION
We determine the following factual findings from this record:
(1) Venkatachalam discloses a process for the electrochemical
dissolution of nickel from a nickel base superalloy scrap, with
experiments showing the influence of current density, HCl
concentration, frequency of AC, and time of electrolysis (abstract);
(2) Venkatachalam employs a generator with a possible frequency
range of 20 to 20,000 Hz (p. 128, left col.) but studies results from
a frequency range of 25 to 150 Hz (p. 129, left col.);
(3) Venkatachalam uses HCl as the electrolyte at room temperature in
all experiments (p. 128, left col.);
(4) Venkatachalam employs superalloys as both the anode and
cathode (p. 127, right col.);
(5) Venkatachalam studies the influence of acid concentration from
0.5 to 2.0 N, with the result that “the efficiency for Ni dissolution
increases with HCl concentration, in the range studied” (p. 128,
right col.);
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